Kevin Casteel v. State
11-16-00165-CR
| Tex. App. | Oct 27, 2016Background
- Appellant Kevin Casteel pled guilty to burglary of a habitation and to possession of methamphetamine; the trial court imposed community supervision (5 years and 2 years) pursuant to plea agreements.
- The State filed motions to revoke community supervision in both causes.
- At the revocation hearing, Casteel pleaded true to all allegations in the motions to revoke.
- The trial court found the allegations true, revoked supervision, and sentenced Casteel to five years (TDCJ) for burglary and two years (state jail) for possession, to run concurrently; original fines were imposed.
- Court-appointed counsel filed Anders-style motions to withdraw in both appeals, provided records to Casteel, and notified him of his right to respond; Casteel did not file a pro se response.
- The court conducted an independent review, concluded the appeals were frivolous, granted counsel’s motions to withdraw, and dismissed the appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a plea of true is sufficient to support revocation of community supervision | Casteel would argue revocation was improper or challenge underlying plea | State argues plea of true alone supports revocation | Plea of true is sufficient to support revocation; revocation affirmed |
| Whether appellate counsel complied with Anders/Schulman requirements and whether appeal is frivolous | Casteel could argue counsel failed to adequately represent or that there is reversible error | Counsel contends he complied with Anders/Schulman and found no arguable issues; requests withdrawal | Court found counsel complied with Anders/Schulman, independently reviewed record, concluded appeals are frivolous, granted withdrawal and dismissed appeals |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (requires counsel to advise court when appeal is frivolous and to provide brief identifying possible appellate issues)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (procedures for withdrawing counsel under Anders in Texas)
- Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014) (Texas guidance on Anders/Schulman procedures)
- Moses v. State, 590 S.W.2d 469 (Tex. Crim. App. 1979) (a plea of true alone is sufficient to support revocation of community supervision)
- Jordan v. State, 54 S.W.3d 783 (Tex. Crim. App. 2001) (issues from the original plea generally cannot be raised for first time on appeal from revocation)
- Traylor v. State, 561 S.W.2d 492 (Tex. Crim. App. 1978) (same principle regarding limitations on raising original plea issues in revocation appeals)