Richard Steven McClellan v. State
10-14-00147-CR
| Tex. App. | Aug 27, 2015Background
- Appellant Richard Steven McClellan entered open guilty pleas to aggravated sexual assault (first-degree) and three counts of indecency with a child by contact (second-degree).
- Trial court found Appellant guilty and sentenced him to 99 years for the sexual assault and 20 years for each indecency count, to be served consecutively.
- The punishment evidence included admissions of sexual abuse of his step‑granddaughter (36 incidents), family testimony about long‑term abuse and emotional harm, and evidence/claims of child pornography and other victims.
- Appellant’s appointed appellate counsel filed an Anders brief and motion to withdraw, stating no arguable appellate issues. Counsel complied with procedural requirements and notified Appellant of his rights.
- Appellant filed a pro se response raising four issues: community prejudice, coerced confession, ineffective trial counsel, and ineffective appellate counsel. The court reviewed the full record per Anders/Penson and found no arguable issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Community prejudice from victim’s father | McClellan: victim’s father’s community position prevented fair trial | State: complaint not raised at trial; forfeited | Not preserved; not an arguable appellate issue |
| Confession coerced | McClellan: confession was coerced | State: claim not raised at trial; appeal waived by open guilty plea except voluntariness | Waived as nonjurisdictional; not cognizable on direct appeal |
| Ineffective assistance of trial counsel | McClellan: multiple deficiencies by trial counsel | State: ineffective‑assistance claims are ordinarily raised in post‑conviction collateral proceedings; trial counsel should be allowed to explain | Not an arguable ground on direct appeal; should be raised in appropriate post‑conviction forum |
| Ineffective assistance of appellate counsel | McClellan: appointed appellate counsel ineffective | State: appellate counsel filed appropriate Anders brief and complied with duties; record contains no support | Not supported; court found no arguable issues and granted counsel’s withdrawal |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedures when counsel believes appeal is frivolous)
- Penson v. Ohio, 488 U.S. 75 (U.S. 1988) (appellate court must independently review record on Anders brief)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (Texas standards for Anders briefs and appellate counsel duties)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (counsel’s obligations when seeking withdrawal)
- Perez v. State, 129 S.W.3d 282 (Tex. App.—Corpus Christi 2004) (open guilty plea waives nonjurisdictional pre‑plea complaints)
- Roberts v. State, 220 S.W.3d 521 (Tex. Crim. App. 2007) (ineffective‑assistance claims generally not resolved on direct appeal)