Robert Luis Robinson v. the State of Texas
12-20-00145-CR
| Tex. App. | Jun 30, 2021Background
- Appellant Robert Luis Robinson was indicted for sexual assault of a child (second-degree felony) based on allegations he penetrated a child and conceived a child.
- Robinson entered an open plea of guilty and signed an agreed punishment recommendation and a stipulation of evidence that judicially confessed to the indictment's allegations.
- The trial court accepted the plea, found the stipulation sufficient, adjudged him guilty, and sentenced Robinson to 16 years' imprisonment.
- Appellant's counsel filed an Anders/Gainous brief, concluded there were no arguable appellate issues, provided Robinson the brief and opportunity to file a pro se response (Kelly compliance), and moved to withdraw.
- The Court of Appeals reviewed the record, found no reversible error, granted counsel's motion to withdraw, and affirmed the trial court's judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appellate record contains reversible error | Robinson identified no nonfrivolous issues (no challenge raised) | State: record shows no reversible error | No reversible error; conviction affirmed |
| Validity and sufficiency of guilty plea and stipulation (judicial confession) | Robinson did not assert involuntariness; plea stands | State: plea and stipulation provide sufficient evidence | Plea accepted; evidence sufficient to support conviction |
| Whether counsel complied with Anders/Gainous and may withdraw | Robinson did not oppose withdrawal | State: counsel complied with required procedures | Counsel complied with standards; motion to withdraw granted |
| Notice of appellate rights and procedure for discretionary review | Robinson was given opportunity to file pro se brief but did not file one with the court | State: counsel must send opinion/judgment and advise re: PDR deadlines | Counsel ordered to send opinion/judgment and advise Robinson of PDR rights and deadlines |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (counsel may move to withdraw after concluding appeal is frivolous, with court review)
- Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969) (Texas application of Anders procedures)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (procedural guidance on Anders-type briefs)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (appellate court must independently review record for reversible error)
- Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (standards for considering counsel's motion to withdraw)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (procedures and duties when counsel seeks to withdraw in appellate context)
- Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014) (counsel must provide appellant a copy of the Anders brief and facilitate pro se review)