Summary
The Tenth Court of Appeals of Texas reviewed Bradley Hunter Golden’s Anders appeal from his conviction for unauthorized use of a motor vehicle and 15-year prison sentence. The court determined that the appeal was wholly frivolous, affirmed the trial court’s judgment, and granted appointed counsel’s motion to withdraw.
Topics
Practice areas
Questions Presented
- Whether appointed appellate counsel satisfied the duties required for an Anders brief and motion to withdraw.
- Whether the appeal was wholly frivolous after the Court of Appeals' independent review of the entire record.
- Whether counsel's motion to withdraw should be granted.
Holdings
- Appointed counsel performed the duties required of appointed counsel in an Anders appeal because the brief reflected a professional evaluation of the record for error and compliance with counsel's other duties.
- The appeal was wholly frivolous, and the trial court's judgment was affirmed.
- Counsel's motion to withdraw from representation of Golden was granted.
Key quotations
“In reviewing an Anders appeal, we must, "after a full examination of all the proceedings, ... decide whether the case is wholly frivolous."” (2)
“An appeal is "wholly frivolous" or "without merit" when it "lacks any basis in law or fact."” (2)
Factual background
Golden was convicted of unauthorized use of a motor vehicle and sentenced to 15 years in prison. The opinion does not identify additional underlying facts because counsel filed an Anders brief and the court's review focused on whether the record presented any arguable basis for reversal.
Procedural history
The 19th District Court of McLennan County, Texas, convicted Golden of unauthorized use of a motor vehicle and sentenced him to 15 years in prison. On appeal, appointed counsel filed an Anders brief and moved to withdraw. The Court of Appeals independently reviewed the entire record, determined that the appeal was wholly frivolous, affirmed the trial court's judgment, and granted counsel's motion to withdraw.