Jorge Luis Fraire v. State ( 2010 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-09-333-CR
JORGE LUIS FRAIRE APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM CRIMINAL DISTRICT COURT NO. 1 OF TARRANT COUNTY
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MEMORANDUM OPINION 1
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On January 9, 2009, Appellant Jorge Luis Fraire pled guilty pursuant to a plea
bargain to fraudulent use of identifying information. The trial court placed him on
three years’ deferred adjudication community supervision. Less than six months
later, the State filed a petition to adjudicate, alleging among other things that
Appellant had violated the terms and conditions of his community supervision in
February and May 2009 by failing to report to Tarrant County by mail as instructed
1
 See Tex. R. App. P. 47.4.
by the supervision officer. W hile he pled untrue to other allegations, Appellant pled
true to this paragraph. After a hearing, the trial court adjudicated Appellant’s guilt
and sentenced him to six months in a state jail facility.
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, this appeal is frivolous. Counsel’s brief and motion meet
the requirements of Anders v. California 2 by presenting a professional evaluation of
the record demonstrating why there are no arguable grounds for relief. 3 This court
afforded Appellant the opportunity to file a brief on his own behalf, but he did not.
Once 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, we are
obligated to undertake an independent examination of the record to see if there is
any arguable ground that may be raised on his behalf. 4 Only then may we grant
counsel’s motion to withdraw. 5
W e have carefully reviewed the record and counsel’s brief. W e agree with
counsel that the appeal is wholly frivolous and without merit. W e find nothing in the
2
 386 U.S. 738, 87 S. Ct. 1396 (1967).
3
 See Stafford v. State, 813 S.W .2d 503, 510–11 & n.3 (Tex. Crim. App.
1991).
4
 See id. at 511.
5
 See Penson v. Ohio, 488 U.S. 75, 82–83, 109 S. Ct. 346, 351 (1988).
2
record that might arguably support the appeal. 6 Consequently, we grant the motion
to withdraw and affirm the trial court’s judgment.
PER CURIAM
PANEL: DAUPHINOT, MCCOY, and MEIER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: July 15, 2010
6
 See Bledsoe v. State, 178 S.W .3d 824, 827 (Tex. Crim. App. 2005).
3