Isaac Benavidez v. State
03-14-00495-CR
| Tex. App. | Jan 16, 2015Background
- Indictment on June 4, 2013 for Injury to a Child on or about January 1, 2013 in Bastrop County, Causes 15266 Counts 1–3.
- January 28, 2014, plea agreement; Counts One and Three guilty; Count Two dismissed; sentences: 10 years for each guilty count, suspended to 10-year community supervision.
- April 8, 2014, State motion to adjudicate guilt on Counts One and Three.
- May 27, 2014, amended motion to revoke in Counts One and Three.
- July 28, 2014, court revoked community supervision for Counts One and Three and sentenced to 10 years in TDCJ on each count.
- Appellant appeals; State concedes no meritorious ground; Anders briefing acknowledged as appropriate; request for appellate response if pro se brief filed
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Frivolousness of the appeal | Benavidez | State | Frivolous; convictions affirmed |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. Supreme Court 1967) (standards for withdrawing counsel in frivolous-appeal cases)
- Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969) (counsel's duty when no meritorious issues exist)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (procedural framework for Anders-type reviews)
- Penson v. Ohio, 488 U.S. 75 (U.S. Supreme Court 1988) (exceptional handling of Anders brief and pro se responses)
- Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (counsel's duties in frivolous-appeal contexts)
