Opinion
NO. 02-11-00097-CV
05-24-2012
IN THE MATTER OF K.B., A JUVENILE
FROM THE 30TH DISTRICT COURT OF WICHITA COUNTY
MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
Appellant K.B. appeals from the trial court's order transferring him from the custody of the Texas Youth Commission to the Texas Department of Criminal Justice for the completion of his seven-year sentence.
Appellant's court-appointed counsel has filed a motion to withdraw as counsel and a brief in support of that motion. In the brief, counsel avers that in his professional opinion, this 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 reversible grounds on appeal and referencing any grounds that might arguably support the appeal.This court provided Appellant the opportunity to file a pro se response to the Anders brief, but he has not done so. The State also did not file a brief.
See In re D.A.S., 973 S.W.2d 296, 297 (Tex. 1998) (orig. proceeding) (holding that Anders procedures apply to juvenile appeals).
386 U.S. 738, 87 S. Ct. 1396 (1967).
See Mays v. State, 904 S.W.2d 920, 922-23 (Tex. App.—Fort Worth 1995, no pet.).
Once an appellant's court-appointed counsel files a motion to withdraw on the ground that an 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 behalf. Only then may we grant counsel's motion to withdraw.
See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991); In re S.A., No. 12-08-00003-CV, 2008 WL 2670187, at *1 (Tex. App.—Tyler July 9, 2008, no pet.); In re T.P.M., No. 07-06-00047-CV, 2006 WL 1715525, at *1 (Tex. App.—Amarillo June 22, 2006, no pet.).
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 the appeal is wholly frivolous and without merit, and we find nothing in the record that might arguably support the appeal.
See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005); In re G.L., No. 04-09-00387-CV, 2010 WL 1492304, at *1 (Tex. App.—San Antonio April 14, 2010, no pet.).
Consequently, we grant the motion to withdraw and affirm the trial court's judgment.
PER CURIAM
PANEL: DAUPHINOT, MEIER, and GABRIEL, JJ.