John Gabriel Sanchez v. State
04-16-00035-CR
| Tex. App. | Oct 5, 2016Background
- John Gabriel Sanchez pled no contest to evading arrest or detention in a vehicle and admitted a prior enhancement as part of a plea agreement.
- The trial court found him guilty, imposed a $1,500 fine, assessed a ten-year prison sentence, then suspended confinement and placed Sanchez on ten years of community supervision.
- The State later filed a motion to revoke Sanchez’s community supervision, alleging multiple violations; Sanchez pled true to the allegations.
- After a revocation hearing the trial court found the allegations true, revoked community supervision, and sentenced Sanchez to seven years’ imprisonment.
- Sanchez appealed; his court-appointed appellate counsel filed an Anders-style motion to withdraw and brief concluding the appeal was frivolous, provided required notices to Sanchez, and the court afforded Sanchez the opportunity to file a pro se brief (he did not).
- The Fourth Court of Appeals reviewed the record, agreed the appeal was frivolous, granted counsel’s motion to withdraw, and affirmed the trial court’s judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal presents reversible error after Sanchez pled true to revocation allegations | Sanchez (appellant) implicitly argues trial court erred in revocation or sentencing | State argues revocation supported by plea and hearing; no reversible error | No reversible error; appeal frivolous and affirmed |
| Whether counsel satisfied Anders procedural requirements | N/A (appellant did not challenge counsel’s compliance) | Counsel complied with Anders and state appellate precedents, notified Sanchez of rights | Court found counsel’s brief met Anders/Gainous/High requirements and Kelly notice was given |
| Whether Sanchez was entitled to new counsel on appeal | Sanchez did not request substitute counsel | State: no substitute counsel required where appeal frivolous and Anders procedures followed | No substitute counsel appointed; instructions given for seeking further review |
| Whether Sanchez may seek further review | N/A | State: Sanchez may seek discretionary review by Court of Criminal Appeals within procedural rules | Court affirmed and explained process and deadlines for filing petition for discretionary review |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (procedure for counsel to withdraw when appeal is frivolous)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (Texas authority on appellate counsel withdrawal procedure)
- Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969) (standards for appellate counsel brief when withdrawing)
- Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014) (requirement to notify appellant of appellate rights when counsel seeks to withdraw)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (standard for reviewing Anders-type appeals)
- Nichols v. State, 954 S.W.2d 83 (Tex. App.—San Antonio 1997, no pet.) (procedural precedent affirming when appeal frivolous)
- Bruns v. State, 924 S.W.2d 176 (Tex. App.—San Antonio 1996, no pet.) (procedural precedent on counsel withdrawal and appellate process)