Kristie Marie Morgan Reyes v. State
06-16-00121-CR
| Tex. App. | Nov 2, 2016Background
- Kristie Marie Morgan Reyes was convicted by a jury of burglary of a habitation for entering her ex–father‑in‑law’s home to steal prescription pain medication.
- The trial court assessed five years’ confinement and a $1,500 fine, but both were suspended and Reyes was placed on community supervision for five years.
- Appellate counsel filed an Anders brief concluding there were no meritorious issues and moved to withdraw.
- Reyes filed a pro se response raising complaints about a last‑minute re‑indictment, excessive bond, the court misnaming her once, excessive sentence/claim of innocence, and general unfairness of the trial.
- The Court of Appeals independently reviewed the record, found the appeal wholly frivolous, affirmed the judgment, and granted counsel’s motion to withdraw per Anders.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of indictment timing | Reyes complained she was re‑indicted at the last minute | State relied on the indictment as procedurally proper | Court found no arguable error; issue frivolous and not reversible |
| Bond amount | Reyes argued original bond was too high | State did not contend bond issue merited reversal | Court found no arguable error |
| Court misnaming Reyes | Reyes complained the judge called her by the wrong last name once | State: harmless, not prejudicial | Court found no arguable error |
| Sentence excessive / claim of innocence | Reyes argued sentence too harsh and she didn’t commit the crime | State: punishment within statutory range; conviction supported by evidence | Court found no reversible error; affirmed conviction and sentence |
| Trial fairness | Reyes asserted general unfairness of proceedings | State: record does not show reversible error; Anders review confirms frivolous appeal | Court independently reviewed record and pro se brief, concluded appeal is wholly frivolous and affirmed |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedures when appellate counsel seeks to withdraw for frivolous appeal)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (appellate‑counsel Anders guidance in Texas)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (requirement for independent appellate review when Anders brief filed)
- Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (standards for appellate counsel withdrawal under Anders)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (procedural background on counsel’s obligations in appeals)