Robert Lucian Miller v. State
11-16-00037-CR
| Tex. App. | Oct 13, 2016Background
- Robert Lucian Miller pleaded guilty in two causes to burglary of a habitation (second-degree felonies); trial court deferred adjudication and placed him on five-year community supervision in each cause.
- The State filed motions to revoke Miller’s community supervision and seek adjudication of guilt; Miller pleaded true to some allegations, but the trial court found all allegations true.
- The trial court revoked community supervision, adjudicated Miller guilty, and assessed fifteen years’ confinement in each cause.
- Court-appointed appellate counsel filed Anders-type motions to withdraw in both appeals, providing briefs, records, and notice to Miller; Miller was given time to file a pro se response but did not.
- The court conducted an independent Anders/Schulman review of the records and concluded the appeals were frivolous and without arguable merit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellate counsel properly moved to withdraw under Anders/Schulman | Counsel contends appeals are frivolous and complied with Anders/Schulman procedures | Miller contends (no pro se response filed) | Court held counsel complied and granted motions to withdraw |
| Whether plea(s) of true supported revocation and adjudication | State argues a plea of true (and proof of one violation) is sufficient to support revocation and adjudication | Miller (implicitly) challenged revocation in appeal, but did not contest plea truth in record | Court held a plea of true alone supports revocation and adjudication |
| Whether issues from original plea can be raised on appeal after adjudication | State argues original plea issues are not cognizable on revocation appeal | Miller attempted no viable challenge to original plea in this appeal | Court held original plea issues may not be raised in subsequent revocation/adjudication appeal |
| Whether independent review reveals any arguable grounds for appeal | Counsel says none exist after record review | Miller did not present any arguable grounds in response | Court’s independent review agreed; appeals dismissed |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (procedural standard for counsel to withdraw when appeal is frivolous)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (procedures for Anders-type brief and appellate court independent review)
- Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014) (standards for counsel’s obligations on Anders motions)
- Smith v. State, 286 S.W.3d 333 (Tex. Crim. App. 2009) (proof of one violation is sufficient to revoke community supervision)
- Moses v. State, 590 S.W.2d 469 (Tex. Crim. App. 1979) (a plea of true alone can support revocation)
- Manuel v. State, 994 S.W.2d 658 (Tex. Crim. App. 1999) (original plea issues are not reviewable on appeal from revocation and adjudication)