Background
Moussa Pepouna pleaded not guilty to sexual assault, a second-degree felony. After a jury trial in Denton County’s 16th District Court, he was convicted and sentenced to 15 years’ imprisonment and a $10,000 fine.
Pepouna’s appointed appellate counsel moved to withdraw and filed an Anders brief stating that a conscientious review of the record revealed no reversible error. Counsel supplied Pepouna with the relevant filings and appellate record and advised him of his right to respond. The court separately advised Pepouna of that right, but he filed no response, and the State filed no brief.
The Court’s Holding
The Seventh Court of Appeals independently reviewed the record and counsel’s brief and found no preserved, nonfrivolous issue that could support reversal of Pepouna’s conviction or sentence. It therefore concluded that the appeal presented no grounds warranting appellate relief.
The court also rejected counsel’s request to delete $305 in assessed court costs based on Pepouna’s indigency. It explained that the costs were statutorily mandated regardless of indigency and were not punitive. The court granted counsel’s motion to withdraw and affirmed the trial court’s judgment.
Key Takeaways
- When appointed counsel files an Anders brief, the appellate court must independently examine the record for potentially meritorious issues.
- The court found no preserved, nonfrivolous ground that could result in reversal of Pepouna’s conviction or sentence.
- Indigency did not excuse Pepouna from statutorily mandated court costs because those costs were not punitive.
Why It Matters
The opinion illustrates the review required in an Anders appeal: counsel’s assessment that an appeal is frivolous does not end the inquiry, because the appellate court must conduct its own examination of the record.
It also confirms that a defendant’s indigency, without more, does not justify deleting legislatively mandated, nonpunitive court costs from a criminal judgment.