COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-17-00065-CR
VERBA FELICIA PETERSON APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 432ND DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 1460794R
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MEMORANDUM OPINION1
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Appellant Verba Felicia Peterson appeals her third-degree-felony
conviction for falsely holding herself out as a lawyer.2 After a grand jury indicted
her for that offense, she pleaded guilty. While entering the plea, she waived
constitutional and statutory rights and judicially confessed to committing the
1
See Tex. R. App. P. 47.4.
2
See Tex. Penal Code Ann. § 38.122(a)–(b) (West 2016).
crime. After the trial court received a presentence investigation report and
conducted a sentencing hearing, it sentenced her to three years’ confinement.
She brought this appeal.
Peterson’s appointed appellate counsel has filed a motion to withdraw and
a brief under Anders v. California, representing that Peterson has no
“nonfrivolous basis upon which to appeal her conviction and sentence.” 386 U.S.
738, 744–45, 87 S. Ct. 1396, 1400 (1967). Counsel’s brief and motion meet the
requirements of Anders by presenting a professional evaluation of the record and
demonstrating why there are no arguable grounds for relief. See id.; In re
Schulman, 252 S.W.3d 403, 406–12 (Tex. Crim. App. 2008) (orig. proceeding)
(analyzing the effect of Anders). We gave Peterson an opportunity to file a pro
se response to counsel’s brief, and on January 11, 2018, she filed a document
that we construe as her response. The State has not filed a brief.
Once an appellant’s court-appointed attorney files a motion to withdraw on
the ground that an appeal is frivolous and fulfills the requirements of Anders, we
must independently examine the record. See Stafford v. State, 813 S.W.2d 503,
511 (Tex. Crim. App. 1991). 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, counsel’s brief, and Peterson’s pro
se response. We agree with counsel that this appeal is frivolous and without
merit; we find nothing in the record that might arguably support the appeal.
See Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex. Crim. App. 2005); see also
2
Meza v. State, 206 S.W.3d 684, 685 n.6 (Tex. Crim. App. 2006). Accordingly, we
grant counsel’s motion to withdraw and affirm the trial court’s judgment.3
/s/ Wade Birdwell
WADE BIRDWELL
JUSTICE
PANEL: SUDDERTH, C.J.; PITTMAN and BIRDWELL, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: July 26, 2018
3
On June 21, 2018, Peterson filed a letter that we construe as a motion for
an appeal bond. We deny that motion as moot.
3