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Bishop v. State

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Jun 20, 2013
NO. 02-12-00506-CR (Tex. App. Jun. 20, 2013)

Opinion

NO. 02-12-00506-CR

06-20-2013

TRINA BISHOP APPELLANT v. THE STATE OF TEXAS STATE


FROM THE 211TH DISTRICT COURT OF DENTON COUNTY


MEMORANDUM OPINION

Appellant Trina Bishop appeals her conviction for state-jail felony theft upon the revocation of her deferred adjudication community supervision.

Bishop'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 the requirements of Anders v. California by presenting a professional evaluation of the record demonstrating why there are no arguable grounds for relief. 386 U.S. 738, 87 S. Ct. 1396 (1967). Bishop had the opportunity to file a pro se brief but did not do so; the State has not filed a brief.

Once an appellant's court-appointed attorney files a motion to withdraw on the ground that the appeal is frivolous and fulfills the requirements of Anders, this court is obligated to undertake an independent examination of the record. See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991); Mays v. State, 904 S.W.2d 920, 922-23 (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 might arguably support the appeal. See Bledsoe v. State, 178 S.W.3d 824, 827-28 (Tex. Crim. App. 2005); see also 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.

BOB MCCOY

JUSTICE
PANEL: MCCOY, GARDNER, and WALKER, JJ. DO NOT PUBLISH
Tex. R. App. P. 47.2(b)

See Tex. R. App. P. 47.4.


Summaries of

Bishop v. State

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Jun 20, 2013
NO. 02-12-00506-CR (Tex. App. Jun. 20, 2013)
Case details for

Bishop v. State

Case Details

Full title:TRINA BISHOP APPELLANT v. THE STATE OF TEXAS STATE

Court:COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

Date published: Jun 20, 2013

Citations

NO. 02-12-00506-CR (Tex. App. Jun. 20, 2013)