Parks Walter Hunter, III v. The State of Texas--Appeal from Criminal District Court No. 3 of Tarrant County
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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-08-426-CR PARKS WALTER HUNTER, III APPELLANT V. THE STATE OF TEXAS STATE ------------ FROM CRIMINAL DISTRICT COURT NO. 3 OF TARRANT COUNTY ------------ MEMORANDUM OPINION 1 -----------After waiving a jury and entering an open plea of guilty, appellant Parks Walter Hunter, III appeals his conviction and twelve-year sentence for possession with intent to deliver cocaine. We affirm. Appellant s court-appointed appellate counsel has filed a motion to withdraw as counsel and a brief in support of that motion. In the brief, counsel 1 ¦ See Tex. R. App. P. 47.4. avers that, in his professional opinion, the appeal is frivolous. Counsel s brief and motion meet the requirements of Anders v. California 2 by presenting a professional evaluation of the record demonstrating why there are no arguable grounds for relief. We gave appellant the opportunity to file a pro se brief, and he has not filed one. The State has not filed 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. 3 Only then may we grant counsel s motion to withdraw. 4 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 2 ¦ 386 U.S. 738, 87 S. Ct. 1396 (1967). 3 ¦ 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.). 4 ¦ See Penson v. Ohio, 488 U.S. 75, 82 83, 109 S. Ct. 346, 351 (1988). 2 nothing in the record that might arguably support the appeal. 5 Accordingly, we grant counsel s motion to withdraw and affirm the trial court s judgment. PER CURIAM PANEL: CAYCE, C.J.; DAUPHINOT and GARDNER, JJ. DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: November 25, 2009 5 ¦ 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). 3
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