Henry Earl Randle v. State
12-15-00240-CR
| Tex. App. | Oct 21, 2016Background
- Henry Earl Randle pleaded guilty to two indictments charging theft of property valued under $1,500 with two or more prior theft convictions.
- The cases proceeded to a bench trial solely on punishment.
- The trial court sentenced Randle to one year imprisonment in each case, to be served concurrently.
- Appellant’s counsel filed an Anders/Gainous brief concluding there were no non-frivolous appellate issues and moved to withdraw.
- This Court conducted an independent review of the record, found no reversible error, and considered counsel’s motion to withdraw on the merits.
- The Court affirmed the trial court’s judgments, granted counsel’s motion to withdraw, and advised Randle of his rights to file a petition for discretionary review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there are non-frivolous appellate issues warranting reversal | State sought to affirm convictions and sentences | Randle (through counsel) argued no arguable appellate issues exist (Anders brief) | Court found appeal wholly frivolous and affirmed |
| Whether counsel may be permitted to withdraw after filing an Anders brief | State opposed nothing; asked for resolution on merits | Counsel moved to withdraw after providing Anders-compliant brief and copy to client | Court granted counsel leave to withdraw after independent review |
| Whether the record shows reversible error in plea/punishment proceedings | State relied on record to support conviction and sentence | Counsel asserted record contains no reversible error | Court’s independent review found no reversible error and affirmed |
| Whether appellant was properly advised of appellate/PD review rights | State maintained procedural compliance | Counsel certified client received brief; no pro se brief filed | Court confirmed counsel must notify client of PDR rights and deadlines |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (procedure for appointed counsel to withdraw when appeal is frivolous)
- Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969) (Texas adherence to Anders procedures)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (requirements for appellate counsel’s evaluation in Anders-type brief)
- Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (procedural guidance on considering counsel’s motion to withdraw)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (modern Texas framework for Anders briefs and counsel withdrawal)