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Court of Civil Appeals of Texas, 2009

Tyrone Allen v. State

Tyrone Allen v. State
Court of Civil Appeals of Texas · Decided February 19, 2009

Tyrone Allen v. State

Opinion

 

 

 

 

 

 

                                      COURT OF APPEALS

                                       SECOND DISTRICT OF TEXAS

                                                   FORT WORTH

 

 

                                        NO. 2-08-094-CR

 

 

TYRONE ALLEN                                                                   APPELLANT

 

                                                   V.

 

THE STATE OF TEXAS                                                                STATE

 

                                              ------------

 

           FROM THE 213TH DISTRICT COURT OF TARRANT COUNTY

 

                                              ------------

 

                                MEMORANDUM OPINION[1]

 

                                              ------------

Appellant Tyrone Allen appeals his conviction and sentence for possession of heroin.  We affirm.


Appellant entered an open plea of guilty before the trial court and received three years= deferred adjudication probation.  The State subsequently petitioned the trial court to proceed to adjudication, alleging that appellant had violated five conditions of his probation.  At a hearing on the State=s petition, appellant pleaded Anot true@ to four of the allegations and Atrue@ to one of them.  The trial court adjudicated appellant guilty and sentenced him to twelve months= confinement in state jail.

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 avers that, in his professional opinion, the appeal is frivolous.  In accordance with Anders v. California,[2] counsel presents as potential issues for review whether the trial court abused its discretion in adjudicating appellant guilty and whether the trial court abused its discretion by refusing appellant=s request to replace his court-appointed attorney.  We gave appellant the opportunity to file a pro se brief but 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.[3]  Only then may we grant counsel=s motion to withdraw.[4]


After having carefully reviewed the record and counsel=s brief, we agree with counsel that this appeal is wholly frivolous and without merit.[5]  Accordingly, we grant counsel=s motion to withdraw and affirm the trial court=s judgment.

 

PER CURIAM

 

PANEL:  CAYCE, C.J.; McCOY and MEIER, JJ.

 

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

 

DELIVERED:  February 19, 2009


[1]See Tex. R. App. P. 47.4.

[3]See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991); Mays v. State, 904 S.W.2d 920, 922B23 (Tex. App.CFort Worth 1995, no pet.).

[4]See Penson v. Ohio, 488 U.S. 75, 82B83, 109 S. Ct. 346, 351 (1988).

[5]See Bledsoe v. State, 178 S.W.3d 824, 827B28 (Tex. Crim. App. 2005); see also Meza v. State, 206 S.W.3d 684, 685 n.6 (Tex. Crim. App. 2006).

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