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Torry Jamal Reed v. State
06-17-00104-CR
| Tex. App. | Dec 22, 2017
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Background

  • Reed was tried for murder; after the State presented its case the defendant changed his plea from not guilty to guilty with the jury to assess punishment.
  • The jury sentenced Reed to 75 years confinement and a $10,000 fine; the State dismissed an aggravated-robbery count in exchange for the guilty plea to murder.
  • The State presented multiple eyewitnesses, fingerprint and firearms evidence (shell casings of .380 and 9mm, a recovered AMT .380 pistol, and a recovered Hi‑Point 9mm), and testimony tying a light‑colored Lincoln and several individuals to the scene.
  • The plea change occurred after plea negotiations that included a rejected and later withdrawn offer; the trial court placed on the record colloquy/admonishments concerning the plea.
  • Appellate counsel (Gerald J. Smith, Sr.) filed an Anders brief stating he thoroughly reviewed the record, found no nonfrivolous, record‑based issues: specifically, he concluded Reed’s guilty plea and sentencing were within statutory parameters and any argument about the voluntariness or admonishments would be frivolous.

Issues

Issue Reed's Argument State's Argument Held
Whether Reed voluntarily changed his plea from not guilty to guilty Reed (through counsel’s framing) could challenge voluntariness/admonishments The record shows Reed knowingly and voluntarily pleaded guilty after on‑the‑record admonishments and advice of counsel Appellate counsel concluded the record shows no harm or reversible error and that any appeal on voluntariness would be frivolous
Whether plea‑stage admonishments or waivers were deficient such that reversal is required Potential claim that admonishments/waivers were incomplete or not properly documented Trial court conducted on‑the‑record colloquy; sentencing was within statutory range; no record harm shown Counsel concluded there is no record‑based showing of harm under Article 26.13, so challenge would be meritless
Whether sentence complied with statutory and constitutional mandates Reed may argue excessive or procedurally defective sentencing Sentence (75 years, $10,000) falls within statutory range for murder and credits were given as applicable Counsel found no meritorious record‑based challenge to the punishment or sentencing procedure
Whether preserved (or fundamental) errors exist to support an appeal Reed could pursue preserved or fundamental error claims Record review revealed no preserved or fundamental errors supporting reversal Appellate counsel filed an Anders brief and moved to withdraw, concluding no nonfrivolous issues exist

Key Cases Cited

  • Anders v. California, 386 U.S. 738 (U.S. 1967) (procedures governing counsel’s withdrawal when appeal is frivolous)
  • High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (standards for appellate counsel’s duties in identifying nonfrivolous issues)
  • Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (appellate counsel’s obligations when filing an Anders brief)
Read the full case

Case Details

Case Name: Torry Jamal Reed v. State
Court Name: Court of Appeals of Texas
Date Published: Dec 22, 2017
Docket Number: 06-17-00104-CR
Court Abbreviation: Tex. App.