Richard Santa Ana v. The State of Texas

Summary

The Texas Court of Appeals, Third District, abated and remanded an Anders appeal involving convictions for aggravated sexual assault of a minor and indecency with a child. The court directed the trial court to determine appropriate safeguards for the appellant’s access to the appellate record, verify whether a nunc pro tunc judgment accurately reflected the guilty plea, and prepare supplemental records before July 1, 2026.

Holdings

1. The appeal must be abated and remanded for the trial court to conduct a hearing and determine appropriate precautionary measures for providing appellant access to the appellate record, including sensitive photographs, while satisfying Anders requirements.
2. On remand, the trial court must consider whether the guilty plea stated in the nunc pro tunc judgment for indecency with a child accurately comports with the record and must issue a new nunc pro tunc judgment if it does not.

Questions Presented

1. What safeguards, if any, should govern appellant's access to the appellate record in an Anders appeal when the record contains photographs of the victim?
2. Whether the nunc pro tunc judgment of conviction for indecency with a child accurately reflects the record regarding appellant's guilty plea.

Disposition

remanded