Filiberto Ramon II A/K/A Filiberto Ramon v. State
13-16-00490-CR
| Tex. App. | Jan 4, 2018Background
- Filiberto Ramon II was convicted of robbery (second-degree felony) and, after stipulating to a prior felony, the offense was enhanced to a first-degree felony.
- A jury assessed Ramon’s punishment at 12 years’ imprisonment.
- Appointed counsel filed an Anders brief and a motion to withdraw, stating the appeal is frivolous and supplying Ramon notice and opportunity to file a pro se response.
- The court conducted an independent review of the record as required when an Anders brief is filed and found no reversible error.
- The trial court judgment misstated appellant’s name as “Filiberto Ramon III”; the appellate court corrected it to “Filiberto Ramon II.”
- The court granted counsel’s motion to withdraw, directed counsel to send the opinion and judgment to Ramon, and advised Ramon of his rights to seek further review (no substitute counsel appointed).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there are any non-frivolous appellate issues justifying counsel’s continued representation | State: Not applicable (State defends conviction) | Ramon: No pro se issues identified or filed | Court: Independent review found no reversible error; appeal is frivolous under Anders; counsel may withdraw |
| Whether the trial record contains reversible error in conviction or sentencing | State: Judgment and sentence are proper | Ramon: Did not present pro se claims | Court: No reversible error found after full record review |
| Whether counsel followed procedural requirements for Anders withdrawal | State: Procedural compliance adequate | Ramon: Not asserted | Court: Counsel met Anders/Kelly requirements (provided notice, copies, opportunity to respond) |
| Whether the judgment should be corrected for appellant’s name error | State: Record supports correction | Ramon: N/A | Court: Modified judgment to correct name to Filiberto Ramon II |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (establishes counsel’s duties when concluding appeal is frivolous)
- Penson v. Ohio, 488 U.S. 75 (requires independent appellate review when counsel files an Anders brief)
- In re Schulman, 252 S.W.3d 403 (Texas standards for Anders briefs and counsel withdrawal)
- Kelly v. State, 436 S.W.3d 313 (outlines specifics Texas appellate counsel must follow when filing Anders brief)
- Banks v. State, 708 S.W.2d 460 (authorizes appellate modification of clerical errors in judgment)