Mario Mobley v. the State of Texas
06-24-00021-CR
Tex. App.Sep 13, 2024Background
- Mario Mobley pled guilty to assault on a public servant, a third-degree felony, in Bowie County, Texas.
- Mobley admitted to the State's punishment enhancement allegations.
- A jury assessed Mobley’s punishment as ten years imprisonment and a $2,500 fine.
- Mobley's appointed counsel filed an Anders brief, stating there were no arguable grounds for appeal and moved to withdraw.
- Mobley was given notice and opportunity to file a pro se response but did not do so.
- The appellate court conducted its own review of the record and found no reversible error.
Issues
| Issue | Mobley's Argument | State's Argument | Held |
|---|---|---|---|
| Existence of any arguable appellate issues | No briefed arguments; defendant silent | State's case is sound; no error | No arguable, meritorious issue present; appeal is frivolous |
| Counsel’s request to withdraw | No briefed opposition | No objection | Granted |
| Affirmance of jury’s sentence and trial ct. judgment | No briefed opposition | Judgment proper | Affirmed |
| Notice and opportunity for pro se brief | Not exercised by Mobley | Process followed | Adequate |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (establishes procedure for counsel to withdraw when appeal is frivolous)
- Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (on Anders procedures in Texas)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (appellate court's role in Anders cases)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (requirements for Anders brief)