Summary
The Sixth Court of Appeals of Texas at Texarkana reviewed Ruby Dee Isaacs’s Anders appeal from her conviction for aggravated assault with a deadly weapon and found no reversible error. The court modified the judgment and bill of costs to reduce the sheriff’s reimbursement fee from $360.00 to $170.00, affirmed the judgment as modified, and granted appointed counsel’s motion to withdraw.
Holdings
- Counsel's brief constituted a professional evaluation of the record demonstrating why no arguable grounds existed and therefore satisfied the requirements of Anders v. California.
- The appellate court independently reviewed the entire record and Isaacs's pro se response and determined that no reversible error existed.
- The trial court's judgment and bill of costs had to be modified to reduce the sheriff's reimbursement fee from $360.00 to $170.00 because the appellate record supported only $170.00 in fees.
- The court granted counsel's motion to withdraw because the case presented no reversible error and no substitute counsel would be appointed.
Questions Presented
- Whether appointed appellate counsel satisfied the requirements of Anders v. California by filing a brief demonstrating that no genuinely arguable appellate issues existed.
- Whether independent review of the appellate record and Isaacs's pro se response revealed reversible error.
- Whether the trial court's judgment and bill of costs should be modified to correct the sheriff's reimbursement fee from $360.00 to $170.00.
- Whether appellate counsel's motion to withdraw should be granted under Anders.
Disposition
other
Cases Cited (5)
- Anders v. California, 386 U.S. 738, 743–44 (1967)(followed)
- In re Schulman, 252 S.W.3d 403, 406 (Tex. Crim. App. 2008) (orig. proceeding)(followed)
- Stafford v. State, 813 S.W.2d 503, 509–10 (Tex. Crim. App. 1991)(followed)
- High v. State, 573 S.W.2d 807, 812–13 (Tex. Crim. App. [Panel Op.] 1978)(followed)
- Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…