1... See TEX. R. APP. P. 47.4.

2... The statute defining the offense is titled “Failure to Comply with

Registration Requirements.” TEX. CODE CRIM. PROC. ANN. art. 62.102 (Vernon

2006).

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-07-082-CR

ANTHONY RAY GREEN APPELLANT

A/K/A ANTHONY R. GREEN

V.

THE STATE OF TEXAS STATE

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

FROM THE 213TH DISTRICT COURT OF TARRANT COUNTY

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

MEMORANDUM OPINION1

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

Anthony Ray Green a/k/a Anthony R. Green appeals from his conviction

for failure to register as a sex offender, enhanced by a prior conviction for the 2

same offense. We affirm.
3... 386 U.S. 738, 87 S. Ct. 1396 (1967).

4... 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.).

5... See Penson v. Ohio, 488 U.S. 75, 82–83, 109 S. Ct. 346, 351

(1988). 

2

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 by presenting a 3

professional evaluation of the record demonstrating why there are no arguable

grounds for relief. Although appellant was given an opportunity to file a brief,

he has not done so. 

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, this court is obligated to undertake an independent examination of the

record. Only then may we grant counsel’s motion to withdraw. 4 Because 5

appellant entered an open plea of guilty, our independent review for potential

error is limited to potential jurisdictional defects, the voluntariness of appellant’s
6... See Monreal v. State, 99 S.W.3d 615, 620 (Tex. Crim. App. 2003);

Young v. State, 8 S.W.3d 656, 666–67 (Tex. Crim. App. 2000).

7... There is no reporter’s record because appellant waived the attendance

of the court reporter. See Word v. State, 206 S.W.3d 646, 651–52 (Tex.

Crim. App. 2006) (holding that it is appellant’s burden to present a record

showing properly preserved, reversible error); Lee v. State, 39 S.W.3d 373,

375 n.1 (Tex. App.—Houston [1st Dist.] 2001, no pet.) (holding that when

appellant waives the presence of a court reporter, the absence of a reporter’s

record will not be grounds for reversal). 

8... See Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex. Crim. App.

2005); accord Meza v. State, 206 S.W.3d 684, 685 n.6 (Tex. Crim. App.

2006).

3

plea, error that is not independent of and supports the judgment of guilt, and

error occurring after entry of the guilty plea.6

We have carefully reviewed counsel’s brief and the clerk’s record. We

7

agree with counsel that this appeal is wholly frivolous and without merit; we

find nothing in the record that arguably might support the appeal. Accordingly, 8

we grant counsel’s motion to withdraw and affirm the trial court’s judgment.

PER CURIAM

PANEL F: CAYCE, C.J.; LIVINGSTON and MCCOY, JJ.

DO NOT PUBLISH

TEX. R. APP. P. 47.2(b)

DELIVERED: May 8, 2008