Kenneth Gray v. The State of Texas--Appeal from 396th District Court of Tarrant County
Annotate this Case
Download PDF
COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-08-147-CR KENNETH GRAY APPELLANT V. THE STATE OF TEXAS STATE ------------ FROM THE 396TH DISTRICT COURT OF TARRANT COUNTY ------------ MEMORANDUM OPINION 1 -----------Appellant Kenneth Gray appeals his conviction and sentence for aggravated sexual assault of a child.2 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. 2 ¦ See Tex. Penal Code Ann. § 22.021(a)(2)(B) (Vernon Supp. 2008). avers that, in his professional opinion, the appeal is frivolous. Counsel s brief and motion meet the requirements of Anders v. California 3 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 also 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.4 Only then may we grant counsel s motion to withdraw.5 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.6 Accordingly, we grant counsel s motion to withdraw and affirm the trial court s judgment. 3 ¦ 386 U.S. 738, 87 S. Ct. 1396 (1967). 4 ¦ 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.). 5 ¦ See Penson v. Ohio, 488 U.S. 75, 82 83, 109 S. Ct. 346, 351 (1988). 6 ¦ 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). 2 PER CURIAM PANEL: CAYCE, C.J.; DAUPHINOT and GARDNER, JJ. DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: February 19, 2009 3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
