Zachary Lee MacK Sr. v. State

Opinion

02-10-144-CR

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-10-00144-CR

Zachary Lee Mack Sr.		APPELLANT
V.
The State of Texas		STATE

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FROM THE 89th District Court OF Wichita COUNTY

MEMORANDUM OPINION[1]

A jury convicted Appellant Zachary Lee Mack Sr. of failing to comply with sex offender registration requirements and assessed punishment at six years’ confinement.  The trial court sentenced him accordingly.

Mack’s court-appointed appellate counsel has filed a motion to withdraw and a brief in support of that motion.  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 demonstrating why there are no reversible grounds on appeal and referencing any grounds that might arguably support the appeal.  See Mays v. State, 904 S.W.2d 920, 922–23 (Tex. App.—Fort Worth 1995, no pet.).  The State filed a letter brief in response stating that it agrees with counsel’s evaluation of the record.  We afforded Mack an opportunity to file a brief on his own behalf; he did not do so.

In our duties as a reviewing court, we must conduct an independent evaluation of the record to determine whether counsel is correct in determining that the appeal is frivolous.  See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991); Mays, 904 S.W.2d at 923.  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 the State’s letter brief.  We agree that the 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 (Tex. Crim. App. 2005).  We therefore grant the motion to withdraw filed by Mack’s counsel and affirm the trial court’s judgment.

BILL MEIER

JUSTICE

PANEL:  MCCOY, MEIER, and GABRIEL, JJ.

DO NOT PUBLISH

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

DELIVERED:  March 10, 2011

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