Trumaine Marke Williams v. State

Summary

The Fourteenth Court of Appeals of Texas affirmed a conviction for aggravated robbery after reviewing counsel’s Anders brief and finding no reversible error. The court reformed the judgment to delete $7,604.48 in court-appointed attorneys’ fees because the record did not show a material change in the indigent appellant’s financial circumstances.

Holdings

1. The assessment of $7,604.48 in attorney's fees was improper because the record contained no factual determination that Williams's financial circumstances had materially changed or that he had resources to repay the costs of appointed counsel.
2. When an Anders appeal presents no arguable grounds and the judgment can be corrected by reformation, the appellate court need not abate the appeal for appointment of new counsel.
3. The appeal was wholly frivolous and without merit, and the record disclosed no reversible error.

Questions Presented

1. Whether the record supported the assessment of attorney's fees against an appellant who had been found indigent and appointed counsel.
2. Whether the court of appeals should affirm the conviction after reviewing an Anders brief finding no arguable grounds for appeal.
3. Whether the judgment could be reformed in the Anders appeal without abating the appeal for appointment of new counsel.

Disposition

affirmed