Henry Molina v. State
13-12-00189-CR
Tex. App.Dec 30, 2013Background
- Henry Molina was indicted for causing bodily injury to a child (third-degree felony enhanced to second-degree by a prior felony). He pleaded not guilty and was tried by jury.
- Jury found Molina guilty; he pleaded true to an enhancement (prior burglary conviction) and received five years' imprisonment.
- Appointed appellate counsel filed an Anders brief and motion to withdraw, stating no arguable appellate issues after reviewing the record.
- Counsel identified three potential issues he considered but did not press: sufficiency of the evidence, admissibility of a 911-call recording, and ineffective assistance of trial counsel.
- The court independently reviewed the entire record under Anders/Penson procedures, found no reversible error, affirmed the trial court’s judgment, and granted counsel’s motion to withdraw.
- Counsel was ordered to notify Molina of the opinion and his right to file a petition for discretionary review; no substitute counsel was appointed.
Issues
| Issue | Molina's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Record insufficient to support conviction | Evidence supports conviction | Court found no reversible error; conviction affirmed |
| Admissibility of 911 recording | Recording improperly admitted | Admission was proper (or not reversible) | Court found no reversible error regarding evidence admission |
| Ineffective assistance of counsel | Trial counsel provided constitutionally deficient representation | Counsel’s performance was not shown to be prejudicial | Court found no reversible error; no merit to ineffective-assistance claim |
| Counsel's withdrawal under Anders | Counsel argued appeal is frivolous and sought withdrawal after filing Anders brief | State did not oppose withdrawal | Court granted motion to withdraw and directed counsel to notify Molina of PDR rights |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedure when appointed counsel finds appeal frivolous)
- Penson v. Ohio, 488 U.S. 75 (U.S. 1988) (obligation of appellate court to review record after Anders brief)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (Texas guidance on content of Anders brief and pro se responses)
- Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (requirements when counsel finds no arguable appeal)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (Anders-review confirmation on appeal)
- High v. State, 507 S.W.2d 807 (Tex. Crim. App. 1974) (procedure for counsel’s explanation of lack of reversible error)
- Jeffery v. State, 903 S.W.2d 776 (Tex. App.—Dallas 1995) (procedural discussion supporting withdrawal when appeal frivolous)
- Ex parte Owens, 206 S.W.3d 670 (Tex. Crim. App. 2006) (procedural requirements when counsel withdraws on Anders grounds)
