Rebecca Lynn Barker v. State
12-14-00345-CR
| Tex. App. | Jun 11, 2015Background
- Appellant Rebecca Barker was indicted for murder in Cherokee County with theories under Tex. Penal Code §19.02(b)(1) and (b)(2).
- Indictment dates to April 28, 2014; punishment range in the indictment aligned with first-degree murder penalties.
- An open plea agreement was approved; the jury later selected on punishment rather than guilt after the plea.
- Following the plea, Barker pled guilty in open court before the jury, with the State presenting punishment evidence thereafter.
- The jury fixed a life sentence and a $10,000 fine; judgment reflecting the life sentence and fine was entered.
- Appellant was advised of appellate rights; notice of appeal was timely filed and the Clerk certified appellate review eligibility.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Anders/Gainous-based appeal is frivolous | Barker asserts the appeal is frivolous under Anders. | Barker's counsel seeks dismissal and withdrawal due to lack of reversible error. | Frivolous; appeal dismissed; counsel withdrawn. |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (establishes standard for removing frivolous appeals in criminal cases)
- Gainous v. State of Texas, 436 S.W.2d 137 (Tex. Crim. App. 1969) (framers for Anders-based withdrawal of appointed counsel)
- Wilkerson v. State of Texas, 736 S.W.2d 656 (Tex. Crim. App. 1987) (plea of guilty before a jury admits facts for punishment phase)
- Garza v. State of Texas, 878 S.W.2d 213 (Tex. App. – Corpus Christi 1994) (plea-based proceedings and evidentiary considerations)
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for legal sufficiency review)
- Adkinson v. State, 762 S.W.2d 255 (Tex. App. – Beaumont 1988) (Arraignment and procedural considerations)