COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-10-00469-CR
CHRISTOPHER WAYNE MORRIS APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 271ST DISTRICT COURT OF WISE COUNTY
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MEMORANDUM OPINION1
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A jury convicted Appellant Christopher Wayne Morris of continuous sexual
abuse of a young child. See Tex. Penal Code Ann. § 21.02 (West Supp. 2011).
The jury assessed his punishment at life imprisonment, and the trial court
sentenced him accordingly.
Morris’s court-appointed appellate counsel has filed a motion to withdraw
as counsel and a brief in support of that motion. Counsel’s brief and motion meet
1
See Tex. R. App. P. 47.4.
the requirements of Anders v. California2 by presenting a professional evaluation
of the record demonstrating why there are no arguable grounds for relief. This
court afforded Morris the opportunity to file a brief on his own behalf, but he did
not do so. The State has filed a letter brief.
As the reviewing court, we must conduct an independent evaluation of the
record to determine whether counsel is correct in determining that the appeal is
frivolous. See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991);
Mays v. State, 904 S.W.2d 920, 923 (Tex. App.—Fort Worth 1995, no pet.). Only
then may we grant counsel’s motion to withdraw. See Penson v. Ohio, 488 U.S.
75, 82–83, 109 S. Ct. 346, 351 (1988).
We have carefully reviewed the record and counsel’s brief. We agree with
counsel that this appeal is wholly frivolous and without merit; we find nothing in
the record that arguably might support an appeal. See Bledsoe v. State, 178
S.W.3d 824, 827–28 (Tex. Crim. App. 2005). Accordingly, we grant counsel’s
motion to withdraw and affirm the trial court’s judgment.
PER CURIAM
PANEL: WALKER, J.; LIVINGSTON, C.J.; and DAUPHINOT, J.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
2
386 U.S. 738, 87 S. Ct. 1396 (1967).
2
DELIVERED: July 5, 2012
3