Robert Antony Luna v. State
10-16-00146-CR
| Tex. App. | Nov 30, 2016Background
- Defendant Robert Anthony Luna convicted of aggravated assault with a deadly weapon; sentenced to 10 years imprisonment and a $2,000 fine.
- Appointed appellate counsel filed an Anders brief concluding no nonfrivolous issues for appeal after reviewing the record (indictment, plea, voir dire, punishment evidence, objections, jury charge, certification of appeal rights).
- Luna was notified of his rights to access the record and to file a pro se response but did not obtain the record or file a response.
- The court conducted a full review of the record and counsel’s Anders brief to determine whether the appeal was wholly frivolous.
- The court concluded the appeal was wholly frivolous and affirmed the trial court’s judgment.
- Counsel’s motion to withdraw was granted; counsel must notify Luna of his right to file a pro se petition for discretionary review and certify compliance with Rule 48.4.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appointed counsel fulfilled Anders duties | Luna (through counsel) effectively asserts there are no nonfrivolous appellate issues after review | State argues counsel performed required review and properly filed Anders brief | Court held counsel performed required duties and Anders brief was proper |
| Whether appeal is frivolous under Anders standard | Luna did not assert arguable grounds or file response | State contends appeal lacks any legal or factual basis | Court held the appeal is wholly frivolous and without merit |
| Whether trial court judgment should be affirmed | Luna presented no appellate challenge to conviction or sentence | State urges affirmance based on record and Anders review | Court affirmed the trial court’s judgment |
| Withdrawal of appointed counsel | Luna did not oppose withdrawal or seek substitute counsel | State requested counsel be allowed to withdraw after Anders procedure | Court granted counsel's motion to withdraw and required notice/certification obligations |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (requires appointed counsel to file brief identifying any nonfrivolous issues and permits withdrawal if appeal is frivolous)
- McCoy v. Court of Appeals, 486 U.S. 429 (1988) (defines frivolous appeals and describes when arguments are incapable of persuading the court)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (Texas guidance on Anders procedure and counsel’s duties on withdrawal)
- Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (discusses when an appeal is not wholly frivolous and articulates Anders review standards)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (addresses appointed counsel’s obligations on appeal)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (confirms appellate court’s duty to review entire record in Anders appeals)