Simon Rico, Jr. v. The State of Texas

Summary

The Sixth Court of Appeals of Texas affirmed Simon Rico, Jr.'s conviction and eighteen-year sentence for manslaughter. The court held that retained counsel properly sought withdrawal under Texas Rule of Appellate Procedure 6.5 after determining the appeal was frivolous, and that Anders procedures applicable to appointed counsel did not apply. After independently reviewing the record, the court found no arguable issue warranting reversal.

Holdings

1. The constitutional protections and Anders procedures applicable to indigent appellants represented by appointed counsel do not apply to an appellant who has retained counsel; retained counsel is not required to file an Anders brief.
2. Retained counsel complied with Texas Rule of Appellate Procedure 6.5 by representing that counsel had thoroughly reviewed the record, found no arguable grounds for reversal, informed the court that the appeal was frivolous, sought leave to withdraw, and represented that Rico received a copy of the motion.
3. The appellate court's independent review disclosed no arguable issue warranting reversal, so the trial court's judgment was affirmed.

Questions Presented

1. Whether retained appellate counsel was required to file an Anders brief when counsel determined that Rico's appeal was frivolous.
2. Whether retained counsel complied with Texas Rule of Appellate Procedure 6.5 by informing the court that the appeal lacked merit and seeking leave to withdraw.
3. Whether independent review of the appellate record disclosed any arguable issue warranting reversal.

Disposition

affirmed