Marcus Andretti Shade v. The State of Texas

Summary

The Thirteenth Court of Appeals of Texas reviewed an Anders appeal from the adjudication of guilt for evading arrest or detention with a vehicle. The court conducted an independent review, found no arguable reversible error, granted appointed counsel’s motion to withdraw, and affirmed the trial court’s judgment imposing a twenty-year sentence.

Holdings

1. The Anders brief satisfied the applicable requirements because counsel provided a thorough and professional evaluation of the record, explained why there were no arguable grounds for appeal, and fulfilled the required notice and record-access obligations to appellant.
2. After independently reviewing the record, counsel's brief, and Shade's pro se response, the court found no arguable reversible error and affirmed the trial court's judgment.
3. The court granted appointed appellate counsel's motion to withdraw after determining that the appeal was frivolous under the Anders procedure.

Questions Presented

1. Whether appointed appellate counsel's Anders brief satisfied the applicable procedural requirements.
2. Whether independent review of the record disclosed any arguable reversible error in the adjudication of guilt or the twenty-year sentence.
3. Whether appointed appellate counsel's motion to withdraw should be granted.

Disposition

affirmed