Herman Lee Kindred v. The State of Texas

Summary

The Texas Court of Appeals, Third District, reviewed an Anders appeal from Herman Lee Kindred’s conviction for assault family violence and one-year county-jail sentence. The court found no reversible error or arguable grounds for review, granted appointed counsel’s motion to withdraw, and affirmed the trial court’s judgment.

Holdings

1. Appointed appellate counsel satisfied the requirements of Anders by providing a professional evaluation of the record, filing a motion to withdraw and supporting brief, providing the materials to appellant, and advising appellant of his rights to review the record, file a pro se brief, and seek discretionary review.
2. The record contained no reversible error and presented no arguably meritorious grounds for review; the appeal was frivolous.

Questions Presented

1. Whether appointed appellate counsel satisfied the requirements of Anders v. California by filing a brief demonstrating that the record presented no arguable grounds for appeal and by advising appellant of his rights.
2. Whether the appellate record contained reversible error or any arguably meritorious ground for review.
3. Whether counsel's motion to withdraw should be granted and the judgment of conviction affirmed.

Disposition

affirmed