Gemma Perez v. The State of Texas Appeal from 371st District Court of Tarrant County (memorandum opinion )
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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-14-00271-CR NO. 02-14-00272-CR NO. 02-14-00273-CR GEMMA PEREZ APPELLANT V. THE STATE OF TEXAS STATE ---------FROM THE 371ST DISTRICT COURT OF TARRANT COUNTY TRIAL COURT NOS. 1352364D, 1352837D, 1352838D ---------- MEMORANDUM OPINION1 ---------Appellant Gemma Perez appeals her robbery-causing-bodily-injury conviction in cause number 02-14-00271-CR and her aggravated-robbery convictions in cause numbers 02-14-00272-CR and 02-14-00273-CR. See Tex. Penal Code Ann. §§ 29.02–.03 (West 2011). Perez made open pleas of guilty to 1 See Tex. R. App. P. 47.4. these offenses, and the trial court sentenced her to ten years’ confinement for the robbery-causing-bodily-injury conviction and seven years’ confinement for each aggravated-robbery conviction, to be served concurrently. See id. §§ 12.32–.33 (West 2011). Perez’s court-appointed appellate counsel has filed a motion to withdraw as counsel and a brief in support of that motion. 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. 386 U.S. 738, 87 S. Ct. 1396 (1967). Perez had the opportunity to file a pro se brief but has not done so. 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 2 684, 685 n.6 (Tex. Crim. App. 2006). Accordingly, we grant counsel’s motion to withdraw and affirm the trial court’s judgment. /s/ Bonnie Sudderth BONNIE SUDDERTH JUSTICE PANEL: WALKER, MEIER, and SUDDERTH, JJ. DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: February 26, 2015 3
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