Daniel Granado v. The State of Texas

Summary

The Texas Thirteenth Court of Appeals reviewed Daniel Granado’s appeal from convictions for kidnapping and aggravated assault, enhanced under the repeat-offender statute. After conducting an independent review of the record under Anders v. California, the court found no arguable grounds for appeal, granted appointed counsel’s amended motion to withdraw, and affirmed the trial court’s judgment.

Holdings

1. The appeal was wholly frivolous because the court's full examination of the proceedings, record, and Anders brief revealed nothing that would arguably support reversal.
2. The court granted appointed appellate counsel's amended motion to withdraw.
3. Within five days after the opinion, counsel was required to send Granado the opinion and judgment and advise him of his right to file a petition for discretionary review; substitute counsel would not be appointed.

Questions Presented

1. Whether independent review of the record under Anders disclosed any arguably reversible error.
2. Whether appointed appellate counsel should be permitted to withdraw after filing an Anders brief.
3. What notice and filing instructions were required after counsel's withdrawal.

Disposition

affirmed