Ricky Myers v. State
10-16-00043-CR
| Tex. App. | Oct 12, 2016Background
- Ricky Lee Myers was indicted for possession of methamphetamine (<1 gram) and convicted by a jury.
- Myers pleaded true to two enhancement paragraphs (prior forgery and attempted capital murder), and the trial court sentenced him to 15 years in TDCJ.
- Appellate counsel filed an Anders brief and motion to withdraw, stating no arguable grounds for appeal after reviewing the record.
- Counsel served Myers with the brief, provided the record, and informed him of his right to file a pro se response; none was filed.
- The Court of Appeals conducted an independent review of the entire record as required by Anders/Penson and found no reversible error.
- The court affirmed the trial court’s judgment and granted appellate counsel’s motion to withdraw, advising Myers of his right to seek discretionary review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there are arguable grounds for appeal from conviction | Myers (through counsel) identified no meritorious appellate issues after record review | State argued record contains no reversible error | Court found no arguable grounds and affirmed conviction |
| Whether Anders brief complied with Texas requirements | Counsel asserted compliance with Anders and In re Schulman procedures | State maintained counsel met procedural obligations | Court held brief met Anders/In re Schulman standards |
| Whether appellate counsel may withdraw | Counsel moved to withdraw claiming appeal frivolous | State supported withdrawal under Anders precedent | Court granted counsel’s motion to withdraw |
| Whether independent review required and performed | Myers had no pro se response to raise issues | State urged full independent review per Penson/Anders | Court performed full review and found case wholly frivolous |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (requires counsel to file brief and move to withdraw when appeal is frivolous)
- Penson v. Ohio, 488 U.S. 75 (appellate court must independently review proceedings on receiving an Anders brief)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App.) (Texas guidance on Anders brief content and procedures)
- Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App.) (procedural expectations for Anders briefs)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App.) (procedural compliance for counsel under Anders)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App.) (appellate review statement suffices when finding no reversible error)
- Jeffery v. State, 903 S.W.2d 776 (Tex. App.—Dallas) (motion to withdraw must be accompanied by brief showing frivolous appeal)
- Ex parte Owens, 206 S.W.3d 670 (Tex. Crim. App.) (notice obligations when counsel withdrawn)
- Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App.) (access to the record relevant to pro se response ability)