Summary
The Texas Court of Appeals affirmed judgments adjudicating Clydell Marie Olanipekun guilty of aggravated robbery and theft following revocation of deferred adjudication community supervision. The court modified the theft judgment to remove an incorrect notation that she pleaded true to a nonexistent third paragraph and otherwise granted appellate counsel's motion to withdraw after independently finding the appeals frivolous.
Topics
Practice areas
Questions Presented
- Whether appointed appellate counsel satisfied the requirements of Anders v. California and could withdraw after representing that the appeals were frivolous.
- Whether the appellate court's independent review disclosed any arguable grounds for relief.
- Whether the judgment in cause number 1380032D should be modified to correct the clerical error stating that Olanipekun pleaded true to paragraph three of the State's petition.
Holdings
- When appointed appellate counsel files an Anders motion to withdraw based on frivolousness and fulfills Anders's procedural requirements, the appellate court must independently examine the record, the briefs, and any pro se response before granting the motion.
- An appellate court may correct and modify a trial court judgment to make the record speak the truth when the necessary data and information appear in the record.
- The appeals were wholly frivolous and without merit, and no arguable ground for relief appeared in the records.
Key quotations
“After an appellant’s court-appointed counsel files a motion to withdraw on the ground that the appeal is frivolous and fulfills the requirements of Anders, this court must independently examine the record to see if any arguable ground may be raised on her behalf.” (at 3)
“Having modified the judgment adjudicating guilt in cause number 1380032D to correct the clerical error counsel identified, we agree with counsel that these appeals are wholly frivolous and without merit; we find nothing in the records before us that arguably might support them.” (at 4)
Factual background
Olanipekun pleaded guilty to aggravated robbery and a state-jail-felony theft offense. The trial court deferred adjudication and placed her on community supervision in both cases. At a joint hearing on the State's petitions to proceed to adjudication, she pleaded true to specified violations, and the trial court adjudicated her guilty and imposed sentences of fifteen years for aggravated robbery and one year for theft. The judgment in the theft case incorrectly stated that she pleaded true to a nonexistent third paragraph.
Procedural history
Olanipekun pleaded guilty to aggravated robbery and theft, and the trial court deferred adjudication and placed her on community supervision. The State later petitioned to proceed to adjudication in both causes. After a joint hearing, the trial court found certain violations true, adjudicated Olanipekun guilty, and sentenced her to fifteen years for aggravated robbery and one year for theft. Appointed appellate counsel filed Anders motions to withdraw, and Olanipekun filed a pro se response. The court of appeals independently examined the records, corrected a clerical error in one judgment, granted counsel's motions to withdraw, and affirmed both judgments, one as modified.