Steven Anthony Roe v. State
03-15-00024-CR
| Tex. App. | Oct 5, 2015Background
- Steven Anthony Roe was indicted for aggravated assault with a deadly weapon and aggravated sexual assault arising from an April 9, 2013 attack on victim S.C.; a jury convicted him and assessed life sentences on both counts.
- Victim evidence: eyewitnesses saw Roe assault and drag S.C.; medical and SANE testimony documented severe injuries (subdural hematoma, facial fractures, vaginal tearing); DNA from vaginal swabs was consistent with Roe.
- Roe made recorded statements to police accepting responsibility for the assault (but not explicitly for the sexual assault); he had a prior felony and multiple prior convictions admitted at punishment.
- Defense raised competency evaluation pretrial (court record shows Roe was examined and found competent); Roe was sometimes uncooperative during trial and invoked his Fifth Amendment right not to testify.
- Appellate counsel (Kristen Jernigan) filed an Anders brief seeking permission to withdraw, concluding after review that the appeal was frivolous and identifying and analyzing potential issues (sufficiency of evidence for both offenses, competency, sentence range).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel may withdraw under Anders as appeal frivolous | Roe (through counsel) was notified and given opportunity to file pro se brief; counsel asserts no non-frivolous grounds | State opposes nothing in brief; proceeds to have court independently review record | Counsel moves to withdraw under Anders; counsel concludes appeal is frivolous and asks permission to withdraw |
| Sufficiency of evidence — aggravated assault with deadly weapon | Roe would argue evidence insufficient to prove use/exhibit of a deadly weapon or causation of serious bodily injury | State: eyewitnesses, medical testimony, and items (knife, blood, broken furniture) support elements | Counsel concludes evidence is legally sufficient under Jackson/Brooks; no meritorious sufficiency claim |
| Sufficiency of evidence — aggravated sexual assault | Roe could argue lack of proof of nonconsensual penetration or weapon use during sexual assault | State: victim testimony, SANE findings of force, DNA mixture, and victim report of knife to throat support elements | Counsel concludes evidence legally sufficient under Jackson/Brooks; no meritorious claim |
| Competency to stand trial | Roe might claim trial competency issues given behavior and diagnoses (bipolar, ADHD, disruptions) | State: court-ordered competency examination found Roe competent; trial counsel represented Roe aided in defense | Counsel notes competency was evaluated and court found competent; no meritorious competency claim |
| Sentence excessive / outside statutory range | Roe could claim life sentence is excessive | State: statutory range for alleged offenses includes life; prior convictions and stipulated history support punishment | Counsel concludes sentence is within statutory range and not excessive; no meritorious sentencing claim |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (procedure governing appointed counsel seeking to withdraw when appeal appears frivolous)
- McCoy v. Court of Appeals of Wisconsin, 486 U.S. 429 (1988) (ethical duty of counsel regarding frivolous appeals and informing the court)
- Jackson v. Virginia, 443 U.S. 307 (1979) (legal-sufficiency standard for criminal convictions)
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (adopting Jackson as sole standard for sufficiency review in Texas)
- Wilson v. State, 40 S.W.3d 192 (Tex. App.—Texarkana 2001) (appellate counsel’s obligations when filing an Anders brief)