Opinion
NO. 02-13-00022-CR
05-08-2014
DEBORAH K. BLAIR APPELLANT v. THE STATE OF TEXAS STATE
FROM COUNTY CRIMINAL COURT NO. 3 OF TARRANT COUNTY
MEMORANDUM OPINION
Following a bench trial, the trial court found Appellant Deborah K. Blair guilty of criminal trespass and sentenced her to 60 days in jail with credit for time served. Appellant returned to her home in Nebraska and wrote a letter to the trial judge, asking for an "appeal with a jury." The trial judge treated her letter as a pro se notice of appeal and appointed counsel.
Appellant's court-appointed appellate counsel has filed a motion to withdraw and a brief in support of that motion. In counsel's brief, he certifies that, in his professional opinion, the appeal is frivolous. Counsel's brief and motion meet the requirements of Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967), by presenting a professional evaluation of the record and demonstrating why there are no arguable grounds for appeal. 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.). We gave Appellant the opportunity to examine the record and file a brief on her own behalf and to inform us of her intentions in that regard by a date certain, which has since come and gone without Appellant's having responded. The State also has filed no response.
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 or her behalf. See Stafford, 813 S.W.2d at 511; Mays, 904 S.W.2d at 923. 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 the brief filed by Appellant's counsel. We agree with counsel that this appeal is wholly frivolous and without merit; we find nothing in the record that arguably might support any appeal. See Bledsoe v. State, 178 S.W.3d 824, 827 (Tex. Crim. App. 2005); see also Garnerv. State, 300 S.W.3d 763, 767 (Tex. Crim. App. 2009). Accordingly, we grant the motion to withdraw and affirm the trial court's judgment.
PER CURIAM PANEL: GARDNER, MEIER, and GABRIEL, JJ. DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
See Tex. R. App. P. 47.4.