Mervin Eddie Moore v. State
06-16-00053-CR
| Tex. App. | Aug 16, 2016Background
- Moore was convicted in McLennan County of driving while intoxicated and sentenced to 90 days in jail.
- Appointed counsel represented Moore at trial and on appeal.
- Counsel filed an Anders brief and a motion to withdraw, detailing the record and arguing no arguable issues.
- Moore was provided a copy of the brief and record and notified of his right to pro se response, which was not filed.
- The Court determined the appeal is wholly frivolous and affirmed the trial court’s judgment, with counsel withdrawn.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal presents any meritorious issues | Moore’s counsel found no arguable issues. | State agrees there are no reversible errors | Frivolous; no arguable issues |
| Whether the case warrants independent review under Anders | Not applicable (No pro se issues filed). | Anders framework applies; review confirms no reversible error. | Anders applies; no reversible error found |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (frivolousness standard and withdrawal procedures)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (orig. proceeding; Anders integration in Texas)
- Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (Anders procedures guidance)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (panel-opinion guidance in Anders context)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (independently review record for frivolous appeal)