Lance Steele Wallace v. State
11-17-00168-CR
| Tex. App. | Jan 5, 2018Background
- Lance Steele Wallace pleaded open guilty to: one count of delivery of >4 grams of methamphetamine and two counts of possession of <1 gram of methamphetamine.
- Trial court accepted the pleas, held punishment hearings, and convicted Wallace.
- Punishment: 45 years’ confinement + $2,500 fine for delivery; two concurrent 24-month state‑jail terms for the possession counts.
- Appellant’s court‑appointed counsel filed Anders/Kelly briefs and motions to withdraw, concluding appeals were frivolous and served Wallace with records and explanatory materials.
- Wallace filed a pro se response asserting (1) improper admission of extraneous bad‑acts at punishment and (2) ineffective assistance of trial counsel.
- The court independently reviewed the record under Anders/Schulman procedures and concluded no reversible error; it granted counsel’s motions to withdraw and dismissed the appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appeals present non‑frivolous issues warranting counsel | Wallace asserted extraneous bad acts were improperly admitted at punishment and alleged ineffective assistance of counsel | Counsel argued no meritorious grounds; appeals are frivolous after record review | Court found appeals frivolous, no reversible error; dismissed appeals |
| Adequacy of Anders/Kelly procedures | Wallace sought access to records and filed pro se response | Counsel followed Anders/Kelly/Schulman requirements and notified appellant of rights | Court found counsel complied with required procedures and allowed withdrawal |
| Whether the record supports ineffective assistance claim on direct appeal | Wallace asserted ineffective assistance at trial | State and counsel noted record is generally undeveloped to resolve IAC on direct appeal | Court noted direct‑appeal records rarely suffice to overcome presumption of effective assistance and did not find reversible error |
| Whether remand for new counsel is required | Wallace’s pro se response raised issues | Counsel asked to withdraw and urged dismissal; no arguable grounds shown on record | Court did not find arguable grounds and declined remand; appeals dismissed |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (procedure when appointed counsel concludes appeal is frivolous)
- Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014) (procedures for counsel withdrawal and Anders‑type briefs in Texas)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (independent appellate review required when counsel files Anders brief)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (when to remand for new counsel vs. dismiss under Anders/Schulman)
- Thompson v. State, 9 S.W.3d 808 (Tex. Crim. App. 1999) (record on direct appeal is generally insufficient to resolve ineffective‑assistance claims)
- Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (procedural precedent cited regarding counsel withdrawal)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App.) (procedural authority cited)
- Currie v. State, 516 S.W.2d 684 (Tex. Crim. App.) (procedural authority cited)
- Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App.) (procedural authority cited)
- Eaden v. State, 161 S.W.3d 173 (Tex. App.—Eastland 2005) (procedural authority cited)
