Phillip Alvin Rodriguez v. the State of Texas
11-19-00329-CR
| Tex. App. | Jul 15, 2021Background
- Appellant Phillip Alvin Rodriguez pleaded guilty to murder; jury found him guilty, rejected sudden passion, and assessed 50 years' imprisonment and a $10,000 fine.
- Appellant was represented by court-appointed counsel, who filed a motion to withdraw supported by an Anders brief concluding the appeal was frivolous and without merit.
- Counsel provided Rodriguez the clerk’s and reporter’s records, the brief, a withdrawal motion, and an explanatory letter, and informed him of his rights (including to file a pro se response and seek discretionary review).
- Rodriguez filed a pro se response raising various contentions; the court independently reviewed the record under Anders/Schulman procedures.
- The court found no arguable grounds for appeal, granted counsel’s motion to withdraw, and affirmed the trial court’s judgment, but identified a nonreversible error: the trial court had assessed a $25 Time Payment Fee prematurely.
- Relying on Dulin and Cates, the court modified the judgment and bill of costs to delete the $25 Time Payment Fee without prejudice to later assessment per Dulin, and noted Rodriguez’s right to file a petition for discretionary review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is frivolous and counsel may withdraw under Anders | Rodriguez filed pro se claims; argues issues exist | State urged no reversible error; counsel asserted appeal frivolous | Court independently reviewed record, found no arguable grounds, granted counsel’s motion to withdraw and affirmed |
| Whether the $25 Time Payment Fee was properly assessed as court costs | Rodriguez challenged costs (via appellate review) | Trial court had included $25 Time Payment Fee in costs | Fee was prematurely assessed under Dulin; court struck the $25 fee from judgment and bill of costs without prejudice to later assessment |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (procedure for appointed counsel to withdraw when appeal is frivolous)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (procedure for courts when counsel files Anders brief)
- Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014) (standards for Anders-type appeals)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (options for appeals with Anders briefs)
- Dulin v. State, 620 S.W.3d 129 (Tex. Crim. App. 2021) (Time Payment Fee prematurely assessed; may be struck and later imposed only under conditions)
- Cates v. State, 402 S.W.3d 250 (Tex. Crim. App. 2013) (courts should modify judgments to remove improperly assessed fees)
