COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-10-00016-CR
DAVID WILLIAM APPELLANT
V.
THE STATE OF TEXAS STATE
------------
FROM CRIMINAL DISTRICT COURT NO. 1 OF TARRANT COUNTY
------------
MEMORANDUM OPINION1
----------
Appellant David William pled guilty pursuant to a plea bargain to burglary
of a habitation. The trial court placed him on four years’ deferred adjudication
community supervision. Almost seven months later, the State filed a petition to
adjudicate, alleging several violations, including the commission of a new
offense. Appellant pled “not true” to all allegations. After an adjudication
hearing, the trial court found many of the allegations, including that regarding the
1
See Tex. R. App. P. 47.4.
commission of a new offense, true. After a sentencing hearing, the trial court
sentenced Appellant to eight years’ confinement.
Appellant’s court-appointed appellate counsel has filed a motion to
withdraw as counsel and a brief in support of that motion. In the brief, counsel
avers that, in his professional opinion, this appeal is frivolous. Counsel’s brief
and motion meet the requirements of Anders v. California2 by presenting a
professional evaluation of the record demonstrating why there are no arguable
grounds for relief.3 This court afforded Appellant the opportunity to file a brief on
his own behalf, but he did not.
Once an appellant’s court-appointed counsel files a motion to withdraw on
the ground that the appeal is frivolous and fulfills the requirements of Anders, we
are obligated to undertake an independent examination of the record to see if
there is any arguable ground that may be raised on his behalf.4 Only then may
we grant counsel’s motion to withdraw.5
We have carefully reviewed the record and counsel’s brief. We agree with
counsel that the appeal is wholly frivolous and without merit. We find nothing in
2
Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967).
3
See Stafford v. State, 813 S.W.2d 503, 510–11 & n.3 (Tex. Crim. App.
1991).
4
See id. at 511.
5
See Penson v. Ohio, 488 U.S. 75, 82–83, 109 S. Ct. 346, 351 (1988).
2
the record that might arguably support the appeal.6 Consequently, we grant the
motion to withdraw and affirm the trial court’s judgment.
PER CURIAM
PANEL: DAUPHINOT, WALKER, and MCCOY, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: December 16, 2010
6
See Bledsoe v. State, 178 S.W.3d 824, 827 (Tex. Crim. App. 2005).
3