Victor Antonio Sanchez v. State
01-15-00609-CR
| Tex. App. | Dec 29, 2015Background
- Victor Antonio Sanchez pled guilty to driving while intoxicated (DWI) third offense and to felony murder predicated on the underlying DWI, with the State abandoning a prior arson enhancement.
- A presentence investigation (PSI) was conducted on June 18, 2015, with defense counsel and sentencing occurring June 22, 2015, resulting in an 18-year sentence in the Institutional Division of the Texas Department of Criminal Justice.
- The indictment alleged felony murder under Tex. Penal Code §19.02(b)(3) and the DWI third offense under §§49.04(a), 49.09(b)(2); the State later dropped the arson enhancement.
- Sanchez signed a document labeled Waiver of Constitutional Rights, Agreement to Stipulate and Judicial Confession prior to pleading guilty; the court admonished him and confirmed competency and understanding of the plea terms.
- The trial court affirmed the plea and sentence within the statutory range; defense did not object to sentencing, and no post-trial motions were pursued to challenge the conviction or sentence.
- Appellate counsel filed an Anders brief seeking to withdraw, arguing the appeal is wholly frivolous and that there are no arguable grounds for appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the appeal frivolous under Anders? | Sanchez | State | Frivolous; no arguable grounds |
| Sufficiency of the indictment for felony murder and DWI third offense | Sanchez | State | Indictment sufficient; tracks statutes |
| Adverse pretrial rulings and suppression issues | Sanchez | State | No adverse rulings; suppression issue not raised; ineffective assistance not shown |
| Waiver of constitutional rights, stipulation, judicial confession, and admonishments | Sanchez | State | Voluntariness and compliance with Article 26.13 satisfied; warnings substantial |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (counsel may withdraw for frivolous appeals after examining record)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (ethical duty to pursue frivolous-appeal standards)
- Mitchell v. State, 193 S.W.3d 153 (Tex. App.—Houston [1st Dist.] 2006) (abated or withdrawn Anders review standards for appellate counsel)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (abates or remands when arguable grounds exist)
- Garner v. State, 300 S.W.3d 763 (Tex. Crim. App. 2009) (Anders procedure followed; court may affirm without discussing merits)
- Ex Parte Douthit, 232 S.W.3d 69 (Tex. Crim. App. 2007) (non-reversible error standard for waiver defects)
- Ex Parte Smith, 678 S.W.2d 78 (Tex. Crim. App. 1984) (substantial compliance standard for admonishments)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (substantial compliance rule in plea admonishments)