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Anderson v. State

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Apr 23, 2015
NO. 02-14-00162-CR (Tex. App. Apr. 23, 2015)

Opinion

NO. 02-14-00162-CR

04-23-2015

FRENDALE ANTONIO ANDERSON APPELLANT v. THE STATE OF TEXAS STATE


FROM THE 432ND DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 1264135D
MEMORANDUM OPINION

Appellant Frendale Antonio Anderson pleaded guilty to burglary of a habitation and true to a repeat offender allegation, and a jury sentenced him to twenty-five years' confinement.

Anderson's court-appointed appellate counsel has filed a motion to withdraw and a brief in support of that motion. Counsel avers that in his professional opinion, the appeal is frivolous. 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. See 386 U.S. 738, 87 S. Ct. 1396 (1967). This court informed Anderson that he may file a pro se brief, and he did so. The State did not submit 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, counsel's brief, and Anderson's pro se 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.

/s/ Bill Meier

BILL MEIER

JUSTICE
PANEL: MEIER, GABRIEL, and SUDDERTH, JJ. DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: April 23, 2015

See Tex. R. App. P. 47.4.


Summaries of

Anderson v. State

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Apr 23, 2015
NO. 02-14-00162-CR (Tex. App. Apr. 23, 2015)
Case details for

Anderson v. State

Case Details

Full title:FRENDALE ANTONIO ANDERSON APPELLANT v. THE STATE OF TEXAS STATE

Court:COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

Date published: Apr 23, 2015

Citations

NO. 02-14-00162-CR (Tex. App. Apr. 23, 2015)