Billy Joe Armstrong, Jr. a/k/a Billy Joe Armstrong a/k/a Billy Armstrong a/k/a Bradley Nelson v. The State of Texas Appeal from 355th District Court of Hood County (memorandum opinion)
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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-16-00406-CR BILLY JOE ARMSTRONG, JR. A/K/A BILLY JOE ARMSTRONG A/K/A BILLY ARMSTRONG A/K/A BRADLEY NELSON APPELLANT V. THE STATE OF TEXAS STATE ---------FROM THE 355TH DISTRICT COURT OF HOOD COUNTY TRIAL COURT NO. CR13583 ---------- MEMORANDUM OPINION1 ---------Appellant Billy Joe Armstrong, Jr. appeals his conviction for theft in an amount less than $1,500. See Act of May 9, 2011, 82nd Leg., R.S., ch. 120, § 1 1 See Tex. R. App. P. 47.4. 2011 Tex. Gen. Laws 609 (amended 2015) (current version at Tex. Penal Code § 31.03 (e)(3)). Armstrong’s court-appointed appellate counsel filed a motion to withdraw as counsel and a brief in support of that motion. See Anders v. California, 386 U.S. 738, 744–45, 87 S. Ct. 1396, 1400 (1967). 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. Id. Armstrong had the opportunity to file a pro se brief and has done so; 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. 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, counsel’s brief, and appellant’s response. 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 2 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. /s/ Bonnie Sudderth BONNIE SUDDERTH CHIEF JUSTICE PANEL: SUDDERTH, C.J.; WALKER and MEIER, JJ. DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: March 1, 2018 3
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