Destany Jenee Liles v. State
07-15-00200-CR
| Tex. App. | Dec 29, 2015Background
- Appellant Destany Jenee Liles was convicted of aggravated assault with a deadly weapon and received concurrent four-year sentences.
- Her court-appointed counsel filed an Anders brief and motion to withdraw after reviewing the record.
- Liles had pled guilty in 2009 and was placed on deferred adjudication supervision for six years.
- In 2013, the State sought to revoke supervision based on a new aggravated assault offense involving her husband, supported by bench-trial evidence.
- At the 2015 bench trial, the court found Liles guilty of the new offense and that she violated probation, then imposed four years for each offense concurrent.
- This Court conducted an independent review of the record after counsel’s Anders brief and granted withdrawal, affirming the trial court judgments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel’s Anders withdrawal is proper after independent record review | Liles filed no response to the Anders brief. | Counsel contends no reversible error exists and the appeal is frivolous. | Proper to withdraw; independent review found no reversible error. |
| Whether there are any arguable grounds for reversal on the merits | Liles did not present any meritorious issues to contest the conviction or revocation. | Anders brief identifies three potential grounds but argues none are arguable. | No arguable grounds; the appeal is frivolous. |
Key Cases Cited
- Lancon v. State, 253 S.W.3d 699 (Tex. Crim. App. 2008) (courts may assess witness credibility and resolve conflicting testimony)
- Wesbrook v. State, 29 S.W.3d 103 (Tex. Crim. App. 2000) (trial court may weigh evidence and witness credibility)
- Nichols v. State, 954 S.W.2d 83 (Tex. App.—San Antonio 1997) (independent record review before ruling on Anders withdrawal)
- Penson v. Ohio, 488 U.S. 75 (Sup. Ct. 1988) (nonmeritorious claims standard for Anders-type appeals)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (procedural safeguards in Anders review)
- Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014) (notice and procedures when counsel files Anders brief)
- Johnson v. State, 885 S.W.2d 641 (Tex. App.—Waco 1994) (pro se response rights in Anders proceedings)