Background
A jury convicted David Elias Barrera of two counts of aggravated sexual assault of a child and one count of indecency with a child by contact, while acquitting him of another aggravated-sexual-assault count. The jury assessed prison terms of fifteen years, twenty years, and five years, respectively, as well as a $10,000 fine on the first aggravated-sexual-assault count. The trial court sentenced Barrera accordingly.
Barrera’s appointed appellate counsel concluded that the appeal was frivolous and filed an Anders brief and motion to withdraw. Counsel provided Barrera with the required documents and notified him of his rights to review the record, respond pro se, and seek discretionary review. Although Barrera obtained access to the appellate record, he filed no response. The State agreed that the appeal was frivolous.
The Court’s Holding
The Texas Second Court of Appeals independently and thoroughly reviewed the appellate record and counsel’s Anders brief. It determined that the appeal was wholly frivolous and without merit and found nothing in the record that could arguably support appellate relief.
The court therefore granted appointed counsel’s motion to withdraw and affirmed the trial court’s judgments.
Key Takeaways
- An Anders brief must professionally evaluate the record and explain why no arguable ground for relief exists.
- Appointed counsel complied with the required procedures by giving Barrera the filings and notifying him of his rights to review the record, respond pro se, and seek discretionary review.
- After conducting its own review and identifying no arguable appellate issue, the court affirmed all three judgments of conviction and allowed counsel to withdraw.
Why It Matters
The memorandum opinion illustrates the process Texas appellate courts follow when appointed counsel concludes that a criminal appeal presents no nonfrivolous issue. Counsel’s assessment does not end the matter: the appellate court must independently examine the record before permitting withdrawal and affirming the judgments.