Gregory Chris Angelo v. State
03-16-00456-CR
| Tex. App. | Nov 17, 2016Background
- Gregory Chris Angelo was convicted of non-death-penalty capital murder in 1997 and sentenced to life imprisonment; conviction previously affirmed on direct appeal.
- In May 2016 Angelo filed a pro se motion in the trial court seeking DNA testing of a pistol, pistol clip, and scissors recovered at the scene to test for blood.
- The trial court denied the motion, concluding Angelo lacked reasonable grounds for DNA testing.
- Angelo appealed; court-appointed counsel filed an Anders brief and a motion to withdraw, concluding the appeal is frivolous and without merit, and complied with required notice to Angelo about pro se rights and record access.
- Angelo received the appellate record and extra time to file a pro se brief but filed none; the Court of Appeals independently reviewed the record.
- The court found no arguable grounds to support the appeal, granted counsel’s motion to withdraw, and affirmed the conviction; no substitute counsel was appointed.
Issues
| Issue | Angelo's Argument | State's Argument | Held |
|---|---|---|---|
| Whether Angelo had reasonable grounds for DNA testing of items from the scene | DNA testing of pistol, clip, scissors could reveal blood/DNA that might undermine conviction | Motion lacked reasonable grounds; evidence would not produce exculpatory results sufficient to justify testing | Court: No reasonable grounds; motion properly denied |
| Whether appellate counsel may withdraw under Anders after filing brief concluding appeal is frivolous | Appellant implicitly argues there are meritorious issues (by pursuing appeal) | Counsel complied with Anders and state-law procedures; provided notice and record access; no arguable issues exist | Court: Counsel's Anders brief adequate; motion to withdraw granted |
| Whether Angelo received required notice and opportunity to proceed pro se | Angelo was entitled to notice, access to record, and time to file pro se brief | State: Counsel provided required notices and forms; Angelo received record and extra time | Court: Notice and procedures satisfied; Angelo received record and did not file a pro se brief |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (requires counsel to file brief identifying any grounds and permits withdrawal if appeal is frivolous)
- Penson v. Ohio, 488 U.S. 75 (U.S. 1988) (addresses counsel withdrawal procedure when no nonfrivolous issues exist)
- Garner v. State, 300 S.W.3d 763 (Tex. Crim. App. 2009) (Texas standards for Anders-type brief and counsel withdrawal)
- Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014) (requirements for advising appellant of access to appellate record and pro se rights)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (appellate court’s independent review requirement when counsel seeks to withdraw)