Summary
recognizing Anders procedures apply in civil commitment cases under Chapter 841 of the Texas Health and Safety Code
Summary of this case from In re Commitment of M.A.C.Opinion
No. 06-18-00073-CV
04-11-2019
IN RE THE COMMITMENT OF RONALD RAY RIGGS
On Appeal from the 124th District Court Gregg County, Texas
Trial Court No. 2017-2072-B Before Morriss, C.J., Burgess and Stevens, JJ.
MEMORANDUM OPINION
Based on the verdict of a Gregg County jury, Ronald Ray Riggs was civilly committed as a sexually violent predator for treatment and supervision as coordinated by the Texas Civil Commitment Office. Riggs is represented on appeal by counsel from the Office of State Counsel for Offenders, who has filed a brief in accordance with the requirements of Anders v. California, 386 U.S. 738 (1967). His court-appointed counsel has concluded, after a thorough review of the record, that this appeal is frivolous and without merit. Because we agree, we affirm the judgment of the trial court. However, in consideration of counsel's continuing obligation to represent Riggs for purposes of any further appellate review, we deny counsel's motion to withdraw.
See TEX. HEALTH & SAFETY CODE ANN. §§ 841.003, 841.007, 841.081 (West 2017).
The Office of State Counsel for Offenders is statutorily appointed to represent indigent persons subject to a civil commitment proceeding under Chapter 841 of the Texas Health and Safety Code. TEX. HEALTH & SAFETY CODE ANN. § 841.005 (West 2017).
The procedures set forth in Anders are applicable to an appeal from a trial court's order of involuntary civil commitment when an appellant's appointed counsel concludes that there are no non-frivolous issues to assert on appeal. See In re Commitment of Warren, No. 09-11-00010-CV, 2012 WL 4845662, at *1 (Tex. App.—Beaumont Oct. 11, 2012, pet. denied) (mem. op.). The Anders brief filed by Rigg's counsel presents a professional evaluation of the record demonstrating why there are no arguable grounds for reversal. Counsel has established that he provided Riggs with a copy of his brief, provided him with a copy of the appellate record, and notified him of his right to file a pro se response and the deadline within which to do so. By letter dated January 23, 2019, this Court informed Riggs that any pro se response was due on or before February 22, 2019. On March 11, 2019, this Court further informed Riggs that the case would be set for submission on the briefs on April 1, 2019. We did not receive a pro se response from Riggs.
Court-appointed counsel's brief meets the requirements of Anders by providing a professional evaluation of the record and stating why there are no arguable grounds for reversal on appeal. See Anders, 386 U.S. at 744. Having thoroughly reviewed the record and counsel's brief, we agree with counsel's assessment that the appeal is frivolous and without merit. We find nothing in the record that could arguably support the appeal. See id. (emphasizing that reviewing court, not counsel, determines, after full examination of proceedings, whether appeal is wholly frivolous). Accordingly, we affirm the trial court's final judgment and order of commitment.
We deny counsel's motion to withdraw, however. When a statute provides for the appointment of counsel for an indigent person, an attorney's duty to his or her client extends through the exhaustion or waiver of all appeals in relation to the order. See In re P.M., 520 S.W.3d 24, 26-27 (Tex. 2016). Once counsel is appointed, he may be permitted to withdraw only for good cause. Id. at 27. "[C]ounsel's belief that the client has no grounds to seek further review from the court of appeals' decision" is not "good cause" sufficient to justify counsel's withdrawal." Id. If, after consultation, Riggs wishes to pursue an appeal to the Supreme Court of Texas, counsel may satisfy his obligation to represent him on appeal "by filing a petition for review that satisfies the standards for an Anders brief." Id.
We affirm the trial court's judgment.
Ralph K. Burgess
Justice Date Submitted: April 1, 2019
Date Decided: April 11, 2019