Jerry Lynn Young v. State
06-16-00201-CR
Tex. App.Apr 20, 2017Background
- Appellant Jerry Lynn Young pleaded guilty to theft of property under $2,500 with two prior theft convictions, a state-jail felony.
- Following a jury punishment hearing, Young received 24 months in state jail and a $5,000 fine.
- Appellate counsel filed an Anders brief concluding no meritorious issues and moved to withdraw, providing Young the record and notice of his rights.
- Young filed a pro se response alleging ineffective assistance of counsel based on (1) deficient jury-strike handling due to juror bias and (2) deficient character presentation.
- The Court of Appeals independently reviewed the record and concluded the appeal was frivolous and without reversible error.
- The court affirmed the trial court judgment and granted counsel permission to withdraw; no substitute counsel was appointed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance — juror strikes/bias | Young: counsel failed to adequately challenge/strike biased jurors | State: record shows no meritorious claim; counsel’s performance not shown deficient | Court: claim without merit; no reversible error |
| Ineffective assistance — character representation | Young: counsel provided deficient and ineffective character advocacy at punishment | State: insufficient to show counsel’s assistance fell below standard or affected outcome | Court: claim without merit; no reversible error |
| Adequacy of Anders brief and counsel withdrawal | Young: implicit challenge to counsel’s representation via response | Appellate counsel: brief met Anders standards and client was informed of rights | Court: Anders requirements satisfied; independent review found appeal frivolous; counsel withdrawal granted |
| Disposition on frivolous appeal | Young: sought relief via appeal | State: urged affirmance | Court: Appeal frivolous; affirmed trial court judgment |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (requires counsel to thoroughly evaluate record and, if finding appeal frivolous, submit brief and allow client opportunity to respond)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (procedural guidance for Anders briefs in Texas)
- Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (authority on appellate counsel’s duties when filing Anders brief)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (Anders-related appellate standards)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (court’s independent review standard when counsel files Anders brief)