Torry Jamal Reed v. State
06-17-00104-CR
| Tex. App. | Dec 22, 2017Background
- 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- The plea change occurred after plea negotiations that included a rejected and later withdrawn offer; the trial court placed on the record colloquy/admonishments concerning the plea.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)
