Eric Griffin Moore v. State
12-14-00369-CR
Tex. App.Jul 31, 2015Background
- Eric Griffin Moore pleaded guilty to two counts of sexual assault of a child and proceeded to a punishment hearing.
- The trial court found Moore guilty and sentenced him to two concurrent 18-year prison terms.
- Moore appealed; appellate counsel filed an Anders/Gainous brief concluding there were no arguable grounds for appeal and moved to withdraw.
- The court independently reviewed the record for reversible error as required under Anders and related Texas authority.
- No reversible error was found; the court granted counsel’s motion to withdraw and affirmed the trial court’s judgment.
- The opinion instructs counsel to notify Moore of the judgment and his right to file a petition for discretionary review (PDR) and explains PDR filing deadlines and procedures.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the record contains reversible error requiring reversal of conviction or sentence | State: record shows guilt and proper procedure; no reversible error | Moore (through Anders brief): counsel found no arguable issues; Moore filed no pro se brief | Court: no reversible error; affirmation of judgment |
| Whether appellate counsel complied with Anders/Gainous and may be allowed to withdraw | State: counsel complied with procedural requirements and provided brief to appellant | Moore: no response or pro se brief raising complaints | Court: counsel complied; motion to withdraw granted |
| Whether appellant was properly informed about PDR rights and deadlines | State: counsel must notify appellant of opinion, judgment, and PDR rights | Moore: not contested in record | Court: ordered counsel to send opinion/judgment and advise regarding PDR and filing deadlines |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (counsel must file brief identifying any potential arguable issues and may move to withdraw if none exist)
- Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969) (Texas precedent addressing counsel withdrawal procedures)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App.) (discussing panel opinions in Anders-type contexts)
- Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (procedural requirements when appellate counsel seeks to withdraw)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (outlining procedures and duties when counsel seeks leave to withdraw under Anders)