Summary
The Texas Court of Appeals, Second Appellate District, reviewed eleven Anders appeals arising from David Hobbs Ray’s guilty pleas to possessing child pornography. The court found the appeals frivolous, modified the Count Ten judgment to reflect the five-year sentence orally pronounced by the trial court, affirmed the remaining judgments, and granted counsel’s motion to withdraw.
Holdings
- After independently reviewing the record and counsel's Anders brief, the court determined that, except for the clerical sentencing error in the Count Ten judgment, the appeals were wholly frivolous and without merit.
- The Count Ten judgment was modified to state that the sentence was five years in the Texas Department of Criminal Justice, Correctional Institutions Division.
Questions Presented
- Whether appointed counsel's Anders brief and motion to withdraw demonstrated that Ray's eleven appeals were wholly frivolous and without merit.
- Whether the appellate court should modify the Count Ten judgment to conform to the trial court's oral pronouncement of a five-year sentence.
Disposition
affirmed
Cases Cited (6)
- Anders v. California, 386 U.S. 738, 744–45, 87 S. Ct. 1396, 1400 (1967)(followed)
- Kelly v. State, 436 S.W.3d 313, 319 (Tex. Crim. App. 2014)(followed)
- Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex. Crim. App. 2005)(followed)
- Meza v. State, 206 S.W.3d 684, 685 n.6 (Tex. Crim. App. 2006)(followed)
- Ette v. State, 551 S.W.3d 783, 792 (Tex. App.—Fort Worth 2017), aff’d, 559 S.W.3d 511 (Tex. Crim. App. 2018)(followed)
- Ray v. State, No. 05-17-00820, 2018 WL 1149421, at *2 (Tex. App.—Dallas Mar. 5, 2018, no pet.) (mem. op., not designated for publication)(followed by analogy)
Cited In (0)
No citing cases on record yet.
Court Document
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