Date: 12-01-2022

Case Style:

Roger Eugene Fain v. The State of Texas

Case Number: 02-21-00123-CR

Judge: Per Curiam

Court:

Second Appellate District of Texas at Fort Worth

On appeal from the Criminal District Court No. 2 of Tarrant County

Plaintiff's Attorney: Joseph W. Spence

Defendant's Attorney: Fort Worth, Texas - Best Criminal_Defens eLawyer Directory

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Description:

Fort Worth, Texas – Criminal Defense lawyer represented Appellant with appealing the trial court’s order denying his motion to compare unidentified DNA profiles.

Appellant’s court-appointed appellate counsel has filed a motion to withdraw as
counsel and a brief in support of that motion, in which counsel has determined, after
examining the appellate record, that no arguable grounds for appeal exist. See Anders
v. California, 386 U.S. 738, 744–45, 87 S. Ct. 1396, 1400 (1967). Counsel’s brief and
motion meet Anders’s requirements, presenting a professional evaluation of the entire
record demonstrating why there are no arguable grounds for relief. Id., 87 S. Ct. at
1400. Although provided the opportunity to seek a copy of the appellate record and
to file a pro se response, appellant has not done so. Likewise, the State did not
respond to the Anders brief.
After carefully reviewing the record and counsel’s brief, we agree with counsel
that this appeal is wholly frivolous and without merit. See Stafford v. State, 813 S.W.2d
503, 511 (Tex. Crim. App. 1991) (noting reviewing court’s duty to make independent
determination after reviewing record); see also Penson v. Ohio, 488 U.S. 75, 82–83, 109 S.
Ct. 346, 351 (1988). Our independent review of the record reveals no arguable
grounds for appeal. See Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex. Crim. App.
2005); see also Meza v. State, 206 S.W.3d 684, 685 n.6 (Tex. Crim. App. 2006).

Outcome: We therefore grant counsel’s motion to withdraw and affirm the trial court’s order
denying appellant relief.

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