Opinion

Lexus Clark v. State

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Oct 6, 2011
Status
Published
Cited by
0 cases
Authority
More cited than 42.2%

emphasizing that reviewing court, and not counsel, determines, after full examination of proceedings, whether case is “wholly frivolous”

How later courts described this case

  • emphasizing that reviewing court, and not counsel, determines, after full examination of proceedings, whether case is “wholly frivolous”

Written by the judges who cited it.

The opinion

Opinion issued October 6, 2011.

In The

Court of

Appeals

For The

First District

of Texas

————————————

NO. 01-10-00628-CR

———————————

Lexus Clark , Appellant

V.

The State of

Texas , Appellee

On Appeal from the 263rd District Court

Harris County, Texas

Trial Court Case No. 1239033

MEMORANDUM OPINION

Lexus Clark pled guilty to the felony offense of aggravated

robbery. See Tex. Penal Code Ann.

§ 29.03 (West 2003). After a pre-sentencing investigation hearing, the trial

court assessed punishment at ten years’ confinement. Clark’s court-appointed

counsel has filed a motion to withdraw and an Anders brief in which he states that no valid grounds for appeal

exist and that any appeal would be frivolous. See Anders v. California , 386 U.S. 738, 744 , 87 S. Ct. 1396, 1400

(1967). Clark has not filed a pro se

response. Because we conclude that appellant has raised no arguable grounds for

appeal, we grant counsel’s motion to withdraw and affirm the judgment of the

trial court.

Background

In January 2010, the State charged

Clark by indictment with aggravated robbery, a first degree felony offense

punishable by five to ninety-nine years’ imprisonment. See Tex. Penal Code Ann. §§ 12.32, 29.03 (West 2003). Her

guilty plea was signed by Clark, her counsel, and counsel for the State, and it

was approved by the court. At the pre-sentencing hearing, Clark admitted to

participating in the aggravated robbery, showed remorse for her crime, and

expressed an intent to reform. The trial court sentenced her to ten years’ imprisonment.

This appeal followed.

Discussion

The brief submitted by Clark’s

court-appointed counsel states his professional opinion that there are no

arguable grounds for reversal on appeal and that any appeal would, therefore,

lack merit. See Anders , 386

U.S. at 744 , 87 S. Ct. at 1400 . Counsel’s

brief meets the minimum Anders

requirements by presenting a professional evaluation of the record and stating

why there are no arguable grounds for reversal on appeal. See id. ; see also In re

Schulman , 252 S.W.3d 403 , 406–07 (Tex. Crim. App. 2008). Counsel sent Clark

a letter informing her of his conclusion that there was no reversible error

that could be raised on her behalf on appeal, explaining his analysis in

reaching that conclusion, and stating that he filed an Anders brief with the Court. He also informed Clark of her right to

examine the record and file a pro se

brief. He provided her with a copy of the his Anders brief, his motion to withdraw, and rule 68 of the Texas

Rules of Appellate Procedure.

When we receive an Anders brief from a defendant’s

court-appointed attorney who asserts that no arguable grounds for appeal exist,

we must determine that issue independently by conducting our own review of the

entire record. See Anders , 386 U.S.

at 744 , 87 S. Ct. at 1400 (emphasizing that reviewing court, and not counsel,

determines, after full examination of proceedings, whether case is “wholly

frivolous”); Stafford v. State , 813

S.W.2d 503, 511 (Tex. Crim. App. 1991).

In conducting our review, we consider any pro se response that the defendant files to her appointed counsel’s

Anders brief. See Bledsoe v. State , 178 S.W.3d 824 , 826–27 (Tex. Crim. App.

2005). If our independent review of the record leads us to conclude that the

appeal is wholly frivolous, we may affirm the trial court’s judgment by issuing

an opinion in which we explain that we have reviewed the record and find no

reversible error. Id. at 828 . Clark

may challenge the holding that there are no arguable grounds for appeal by

petitioning for discretionary review in the Court of Criminal Appeals. Id. at 827 & n.6.

Conclusion

In

accordance with Anders and Bledsoe , we have reviewed the record and

the Anders brief from Clark’s

appointed counsel. We conclude that there are no arguable grounds for reversal

on appeal. We therefore affirm the judgment of the trial court and grant

appointed counsel’s motion to withdraw. [1]

Harvey

Brown

Justice

Panel

consists of Justices Jennings, Sharp and Brown.

Do

not publish. Tex. R. App. P. 47.4.

[1]

Appointed counsel still has a

duty to inform Clark of the result of this appeal and that she may, on her own,

pursue discretionary review in the Court of Criminal Appeals. See

Bledsoe v. State , 178 S.W.3d 824 , 827 & n.6 (Tex. Crim. App. 2005); Ex Parte Wilson , 956 S.W.2d 25 , 26 – 27

(Tex. Crim. App. 1997); Stephens v. State ,

35 S.W.3d 770 , 771- 72 (Tex. App .—Houston [1st Dist.] 2000, no pet.).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.