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Miller v. State

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Apr 11, 2013
NO. 02-12-00232-CR (Tex. App. Apr. 11, 2013)

Opinion

NO. 02-12-00232-CR

04-11-2013

ERIC MILLER APPELLANT v. THE STATE OF TEXAS STATE


FROM THE 432ND DISTRICT COURT OF TARRANT COUNTY


MEMORANDUM OPINION

See Tex. R. App. P. 47.4.

Appellant Eric Miller entered an open plea of guilty to evading arrest or detention with a vehicle, and the trial court sentenced him to five years' confinement. Miller'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 Miller that he may file a pro se brief, but he did not do 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 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.

BILL MEIER

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 DO NOT PUBLISH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


Summaries of

Miller v. State

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Apr 11, 2013
NO. 02-12-00232-CR (Tex. App. Apr. 11, 2013)
Case details for

Miller v. State

Case Details

Full title:ERIC MILLER APPELLANT v. THE STATE OF TEXAS STATE

Court:COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

Date published: Apr 11, 2013

Citations

NO. 02-12-00232-CR (Tex. App. Apr. 11, 2013)