Lionell Lamon Stricklin v. the State of Texas
01-23-00255-CR
Tex. App.May 30, 2024Background
- Lionell Lamon Stricklin pleaded guilty in 2019 to three counts of violating a protective order by committing family violence, each a third-degree felony.
- He was sentenced to ten years’ imprisonment on each count (to run concurrently) and received a $2,500 fine; sentences were suspended, and he was placed on ten years of community supervision.
- In 2020, the State filed motions to revoke his community supervision in all three cases, alleging multiple violations.
- Stricklin pleaded "not true" to the alleged violations but, after an evidentiary hearing, the trial court found he had violated the conditions and revoked community supervision, imposing the original ten-year sentences.
- On appeal, Stricklin’s appointed counsel filed Anders briefs and motions to withdraw, stating no non-frivolous grounds for appeal existed.
- Stricklin was notified of his rights to respond and access the record but did not file a pro se response.
Issues
| Issue | Stricklin's Argument | State's Argument | Held |
|---|---|---|---|
| Validity of Revocation | No reversible error; violations disputed | Revocation justified by violations of supervision terms | No reversible error; revocations affirmed |
| Merits of Appeal (Anders Brief) | No meritorious grounds identified | Agreement with counsel’s Anders brief | Appeals are frivolous; judgments affirmed |
| Counsel Withdrawal | N/A | Proper under Anders procedures | Motions to withdraw granted |
| Right to Respond | Sought access to records, no substantive response | Provided required notice | Right fulfilled; no response filed |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (establishes procedures for counsel to withdraw on frivolous appeals)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (standards for Anders briefs in Texas)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (appellant's right to challenge Anders/no-arguable-grounds holdings)
- Garner v. State, 300 S.W.3d 763 (Tex. Crim. App. 2009) (reviewing court's duty to assess arguable grounds)
