Steven Dale Sandlin v. State
09-14-00539-CR
| Tex. App. | Nov 12, 2015Background
- Steven Dale Sandlin pleaded guilty (open plea) to possession of a controlled substance; he pleaded true to two prior felony convictions that enhanced punishment.
- The trial court assessed a 25-year sentence. Sandlin was found indigent at trial.
- Court-appointed appellate counsel filed an Anders brief concluding the appeal is frivolous; Sandlin did not file a pro se brief despite extensions.
- Appellate review agreed no non-frivolous appellate issues exist and declined to appoint new counsel to rebrief.
- The appellate court identified two clerical errors in the judgment: (1) an award of $1,300 in attorney’s fees despite Sandlin’s indigency, and (2) an award of $180 restitution to DPS though restitution was not pronounced and record lacks support.
- Both parties agreed deletion of the attorney’s fees and restitution awards; the court reformed the judgment and affirmed as reformed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appeal presents non-frivolous issues (Anders review) | Sandlin’s counsel: record yields no arguable grounds; appeal is frivolous | Sandlin: did not file pro se brief or identify issues | Court: agrees with Anders brief; appeal frivolous; no new counsel required |
| Whether judgment may include attorney’s fees and restitution when defendant was indigent and no oral pronouncement/evidence supports restitution | Sandlin: judgment incorrectly imposes fees and restitution (indigency unchanged; no restitution pronounced) | State: agreed on appeal to delete the awards when questioned by court | Court: deleted $1,300 attorney’s fees and $180 restitution; reformed and affirmed judgment |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (framework for counsel filing brief when appeal is frivolous)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (Texas authority on Anders-type procedure)
- Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (appointment of new counsel not required when Anders brief adequate)
- Roberts v. State, 327 S.W.3d 880 (Tex. App.—Beaumont 2010) (trial court may not assess attorney’s fees against an indigent defendant without change in status)
- Burt v. State, 445 S.W.3d 752 (Tex. Crim. App. 2014) (restitution must be supported by oral pronouncement or evidence to be included in judgment)
- Alexander v. State, 301 S.W.3d 361 (Tex. App.—Fort Worth 2009) (absence of record evidence or oral pronouncement invalidates restitution award)