Opinion
NO. 02-12-00012-CR
2013-09-26
JOSEPH EUGENE JACKSON APPELLANT v. THE STATE OF TEXAS STATE
FROM COUNTY CRIMINAL COURT NO. 9 OF TARRANT COUNTY
MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
Appellant Joseph Eugene Jackson appeals from his conviction for terroristic threat. A jury convicted him of the offense, and the trial court sentenced him to 180 days' confinement. Appellant'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. Although Appellant was given an opportunity to file a pro se brief, he has not done so.
386 U.S. 738, 87 S. Ct. 1396 (1967).
After 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, this court is obligated to undertake an independent examination of the record. Only then may we grant counsel's motion to withdraw.
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.).
See Penson v. Ohio, 488 U.S. 75, 82-83, 109 S. Ct. 346, 351 (1988).
We have carefully reviewed counsel's brief and the record. We agree with counsel that this appeal is wholly frivolous and without merit; we find nothing in the record that arguably might support the appeal. Accordingly, we grant counsel's motion to withdraw and affirm the trial court's judgment.
See Bledsoe v. State, 178 S.W.3d 824, 827-28 (Tex. Crim. App. 2005).
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PER CURIAM PANEL: DAUPHINOT, J.; LIVINGSTON, C.J.; and GARDNER, J. DO NOT PUBLISH
Tex. R. App. P. 47.2(b)