Kenneth L. Gilliland v. State
12-16-00058-CR
| Tex. Crim. App. | Aug 10, 2016Background
- Kenneth L. Gilliland was charged with third-degree felony DWI with two prior DWIs and two prior felony convictions, invoking Texas’s habitual-offender enhancement.
- The habitual-offender allegation exposed Gilliland to a statutory range of 25–99 years or life; the State offered 45 years in exchange for a plea, which he rejected.
- Gilliland entered an open guilty plea to the offense and pleaded "true" to the enhancement allegations; the trial court accepted the plea.
- After a punishment hearing the court found the enhancements true and sentenced Gilliland to 40 years imprisonment.
- Appellate counsel filed an Anders-compliant brief concluding the appeal was frivolous; Gilliland filed a pro se brief alleging (1) a defective indictment, (2) ineffective assistance of counsel at trial and on appeal, and (3) that appellate counsel’s Anders brief contained false factual assertions.
- The Court of Appeals conducted an independent review, found no reversible error, granted counsel’s motion to withdraw, and affirmed the trial court’s judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Indictment defective | Gilliland: indictment is fundamentally defective | State: indictment valid (implicitly) | Court: no reversible error; indictment not a basis for reversal |
| Ineffective assistance at trial | Gilliland: trial counsel provided ineffective assistance | State: record does not show ineffective assistance | Court: no reversible error; claim fails |
| Ineffective assistance on appeal | Gilliland: appellate counsel ineffective | State: counsel followed Anders procedure; reviewed record | Court: counsel complied with Anders; appeal frivolous |
| Anders brief contained false facts | Gilliland: appellate brief contained false factual assertions, violating Sixth Amendment | State: Anders brief accurately summarized record; court independently reviewed record | Court: independent review found no merit; Anders brief acceptable; appellate counsel allowed to withdraw |
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 precedent on counsel’s duties when finding no arguable appeal)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (procedural guidance for Anders-type filings in Texas)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (courts may perform independent review to determine frivolousness)
- Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (requirements when counsel seeks to withdraw after concluding appeal is frivolous)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (procedural rules and duties for appellate counsel and notification requirements after Anders withdrawal)