COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-14-00203-CR

NO. 02-14-00204-CR

NO. 02-14-00205-CR

COURTNEY ADAM WATTS APPELLANT

V.

THE STATE OF TEXAS STATE

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FROM CRIMINAL DISTRICT COURT NO. 2 OF TARRANT COUNTY

TRIAL COURT NOS. 1236670D, 1236671D, 1236802D

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MEMORANDUM OPINION1

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Appellant Courtney Adam Watts appeals his conviction of possession of 

marijuana, five pounds or less but more than four ounces, in cause number 02-

14-00203-CR, which contained a third-degree-felony-deadly-weapon 

enhancement notice; his conviction of possession with intent to deliver a 

 

1See Tex. R. App. P. 47.4.
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controlled substance, twenty-eight grams or more but less than 200 grams 

(alprazolam), in cause number 02-14-00204-CR, which contained a deadly

weapon finding notice; and his conviction of possession with intent to deliver a 

controlled substance, twenty-eight grams or more but less than 200 grams 

(dihydrocodeinone), in cause number 02-14-00205-CR, which contained a 

deadly weapon finding notice. See Tex. Health & Safety Code Ann. 

§§ 481.114(c), .121(b)(3) (West 2010). Watts made open pleas of guilty to these 

offenses and pleas of true to the deadly weapon allegations, and the trial court 

sentenced him to eight years’ confinement for each offense, to be served 

concurrently. See id. § 481.121(b)(3); Tex. Penal Code Ann. §§ 12.33–.34 (West 

2011), § 12.35(c)(1) (West 2011 & Supp. 2014).

Watts’s court-appointed appellate counsel has filed a motion to withdraw 

as counsel and a brief in support of that motion in each case that meet the 

requirements of Anders v. California by presenting a professional evaluation of 

the record demonstrating why there are no arguable grounds for relief. 386 U.S. 

738, 87 S. Ct. 1396 (1967). Watts had the opportunity to file a pro se response

but has not done so, and the State has not filed a brief. 

Once an appellant’s court-appointed attorney files a motion to withdraw on 

the ground that an 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, 

904 S.W.2d 920, 922–23 (Tex. App.—Fort Worth 1995, no pet.). Only then may 
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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 and counsel’s brief in each case 

and have determined that based on the bill of costs in each case, the trial court’s 

judgment requires correction with regard to the assessment of $344 in court 

costs. We may modify the judgment in an Anders appeal and affirm the 

judgment as modified. Bray v. State, 179 S.W.3d 725, 726 (Tex. App.—Fort

Worth 2005, no pet.) (en banc); see Johnson v. State, 423 S.W.3d 385, 390 

(Tex. Crim. App. 2014) (stating that we review the assessment of court costs on 

appeal to determine if there is a basis for the cost); see also Tex. Code Crim. 

Proc. Ann. art. 103.001 (West 2006) (“A cost is not payable by the person 

charged with the cost until a written bill is produced . . . containing the items of 

cost, signed by the officer who charged the cost or the officer who is entitled to 

receive payment for the cost.”).

Here, the trial court assessed $344 in court costs in each case, but the 

numerical cost breakdown by the district clerk’s office supports an assessment of

only $334 in each case. Therefore, we modify the trial court’s judgment and the 

order to withdraw funds from Watts’s inmate trust account in each case to reflect

$334 in court costs. 

Except for the bill of costs in each case, we agree with counsel that these

appeals are wholly frivolous and without merit; we find nothing in the record that 

might arguably support them. See Bledsoe v. State, 178 S.W.3d 824, 827–28 
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(Tex. Crim. App. 2005); see also Meza v. State, 206 S.W.3d 684, 685 n.6 (Tex. 

Crim. App. 2006). Accordingly, we grant counsel’s motion to withdraw in each 

case and affirm the trial court’s judgments as modified.

/s/ Bonnie Sudderth

BONNIE SUDDERTH

JUSTICE

PANEL: GARDNER, WALKER, and SUDDERTH, JJ.

DO NOT PUBLISH

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

DELIVERED: May 28, 2015