Charles Jones v. State

COURT OF APPEALS

SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-10-00476-CR

CHARLES EMANUEL JONES APPELLANT

V.

THE STATE OF TEXAS STATE

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FROM THE 367TH DISTRICT COURT OF DENTON COUNTY

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MEMORANDUM OPINION1

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Appellant Charles Emanuel Jones entered an open plea of guilty to felony driving while intoxicated (DWI).2 The trial court found Appellant guilty, conducted a sentencing hearing, and sentenced him to twenty-five years’ confinement.3

Appellant’s court-appointed appellate counsel has filed a motion to withdraw as counsel and a brief in support of the motion. In the brief, counsel avers that, in his professional opinion, this appeal is frivolous. Counsel’s brief and motion meet the requirements of Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967), by presenting a professional evaluation of the record and demonstrating why there are no arguable grounds for appeal.4 We gave Appellant an opportunity to file a pro se brief, and Appellant filed a pro se brief that raises two points.5 The State did not file a brief.

After an appellant’s court-appointed counsel 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, conviction for burglary of a habitation and a September 1990 felony conviction for escape. See Tex. Penal Code Ann. § 12.42(d) (West Supp. 2011) (setting sentencing range at twenty-five to life for felony conviction with two prior felony convictions).

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).

Because Appellant entered an open plea of guilty, our independent review for potential error is limited to potential jurisdictional defects, the voluntariness of Appellant’s plea, error that is not independent of and supports the judgment of guilt, and error occurring after entry of the guilty plea. See Monreal v. State, 99 S.W.3d 615, 620 (Tex. Crim. App. 2003).

We have carefully reviewed counsel’s brief, Appellant’s pro se brief, and the appellate record. We agree with counsel that this appeal is wholly frivolous and without merit; we find nothing in the record that arguably might support any appeal. See Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex. Crim. App. 2005). Accordingly, we grant counsel’s motion to withdraw and affirm the trial court’s judgment.

PER CURIAM PANEL: GARDNER, DAUPHINOT, and WALKER, JJ.

DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: November 23, 2011