Smith v. State

Summary

The Texas Court of Criminal Appeals held that the court of appeals failed to ensure that an indigent appellant had access to the appellate record before ruling on appointed counsel's Anders brief and motion to withdraw. The court granted two grounds of the petition, vacated the court of appeals' judgment, and remanded for further proceedings consistent with Kelly v. State; the remaining grounds were refused without prejudice.

Holdings

1. When an indigent appellant requests access to the appellate record after appointed counsel files an Anders brief, the court of appeals must ensure that the appellant receives access to the record and an adequate opportunity to review it and file a response before ruling on counsel's motion to withdraw or the validity of the Anders brief.

Questions Presented

1. Whether the court of appeals complied with its duty to ensure that an indigent appellant had access to the appellate record and an adequate opportunity to respond to an Anders brief before ruling on counsel's motion to withdraw and the validity of the Anders brief.

Disposition

reversed_and_remanded