Summary
The Thirteenth Court of Appeals of Texas reviewed an Anders appeal from convictions for sexual assault of a child, improper relationship between educator and student, and solicitation of prostitution involving a person under eighteen. After independently reviewing the record and finding no arguable grounds for appeal, the court granted appointed counsel’s motion to withdraw and affirmed the trial court’s judgment.
Holdings
- Counsel's Anders brief and related filings complied with the applicable requirements because counsel professionally evaluated the record, explained why no arguable grounds existed, provided record references and pertinent authorities, notified Schultz of his rights, and supplied the required materials.
- The record contained no arguable ground for reversible error, and the appeal was wholly frivolous.
- The court granted appointed appellate counsel's motion to withdraw after determining that the appeal was frivolous.
Questions Presented
- Whether appointed appellate counsel's Anders brief complied with the applicable requirements.
- Whether independent review of the record disclosed any arguable ground for reversible error.
- Whether appointed appellate counsel should be permitted to withdraw after filing an Anders brief.
Disposition
affirmed
Cases Cited (9)
- Anders v. California, 386 U.S. 738, 744 (1967)(followed)
- In re Schulman, 252 S.W.3d 403, 406 n.9, 408–09, 412 n.35 (Tex. Crim. App. 2008) (orig. proceeding)(followed)
- Hawkins v. State, 112 S.W.3d 340, 343–44 (Tex. App.—Corpus Christi–Edinburg 2003, no pet.)(followed)
- Stafford v. State, 813 S.W.2d 503, 510 n.3, 511 (Tex. Crim. App. 1991)(followed)
- High v. State, 573 S.W.2d 807, 813 (Tex. Crim. App. [Panel Op.] 1978)(followed)
- Kelly v. State, 436 S.W.3d 313, 319–22 (Tex. Crim. App. 2014)(followed)
- Penson v. Ohio, 488 U.S. 75, 80 (1988)(followed)
- Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex. Crim. App. 2005)(followed)
- Ex parte Owens, 206 S.W.3d 670, 673 (Tex. Crim. App. 2006)(followed)
Cited In (0)
No citing cases on record yet.
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