Summary
The Sixth Court of Appeals of Texas at Texarkana affirmed the trial court’s judgment after Robert Wayne Dugan II pleaded guilty to first-degree felony manufacture or delivery of methamphetamine and received a twenty-four-year prison sentence. Applying Anders v. California, the court found no arguable issues supporting the appeal, granted appointed counsel’s motion to withdraw, and concluded the appeal was wholly frivolous.
Holdings
- Counsel's professional evaluation of the record, explaining why no arguable grounds for appeal existed, satisfied the requirements of Anders.
- The appeal was wholly frivolous and no arguable issue supported reversal; the trial court's judgment was therefore affirmed.
- The court granted counsel's motion to withdraw and appointed no substitute counsel.
Questions Presented
- Whether appointed appellate counsel satisfied the requirements of Anders v. California by filing a brief demonstrating that the record presented no genuinely arguable grounds for appeal.
- Whether independent review of the appellate record revealed any arguable issue or reversible error requiring reversal of the judgment.
- Whether appellate counsel should be permitted to withdraw after the court determined that the appeal was wholly frivolous.
Disposition
affirmed
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…