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Coleman v. State

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON
Jun 13, 2017
Appellate case number: 01-16-00252-CR (Tex. App. Jun. 13, 2017)

Opinion

Appellate case number: 01-16-00252-CR

06-13-2017

Vastie Shakira Coleman v. The State of Texas


ORDER Trial court case number: 1354369 Trial court: 178th District Court of Harris County

Appellant, Vastie Sharika Coleman, pleaded guilty to the felony offense of Injury to a Child without an agreed recommendation from the State regarding punishment. See TEX. PENAL CODE § 22.04(a). The trial court found appellant guilty and assessed punishment at 55 years' imprisonment. Appellant timely filed a notice of appeal.

Appellant's court-appointed counsel on appeal has filed a motion to withdraw from representing appellant and an Anders brief in which he opines that no valid grounds for appeal exist and that appellant's appeal is frivolous. See Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967). Appellant did not file a pro se response. The State has waived its opportunity to file an appellee's brief to reply to the brief counsel filed on appellant's behalf.

When this Court receives an Anders brief from an appellant's court-appointed attorney asserting that no arguable grounds for appeal exist, we must independently determine whether any arguable grounds for appeal exist by conducting our own review of the entire record. Id., 87 S. Ct. at 1400 (emphasizing that reviewing court—and not counsel—determines, after full examination of proceedings, whether case is "wholly frivolous"); Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991) (quoting same passage from Anders). An arguable ground for appeal is a ground that is not frivolous; it must be an argument that could "conceivably persuade the court." In re Schulman, 252 S.W.3d 403, 407 n.12 (Tex. Crim. App. 2008) (quoting McCoy v. Court of Appeals of Wisc., Dist. I, 486 U.S. 429, 436, 108 S. Ct. 1895, 1901 (1988)). However, "[w]hen we identify issues that counsel on appeal should have addressed but did not, we need not be able to say with certainty that those issues have merit; we need only say that the issues warrant further development by counsel on appeal." Wilson v. State, 40 S.W.3d 192, 200 (Tex. App.—Texarkana 2001, no pet.) (citing Wilson v. State, 976 S.W.2d 254, 257 n.4 (Tex. App.—Waco 1998, no pet.)).

Our role in this Anders appeal is limited to determining whether arguable grounds for appeal exist. See Bledsoe v. State, 178 S.W.3d 824, 827 (Tex. Crim. App. 2005). If we determine that arguable grounds for appeal exist, we must abate the appeal and remand the case. Id. We do not rule on the ultimate merits of any arguable issues. Id. On remand, the trial court must appoint new counsel to represent appellant, because appellant is entitled to have new counsel address the merits of the issues. Id. "Only after the issues have been briefed by new counsel may [we] address the merits of the issues raised." Id.

In accordance with Anders, 386 U.S. at 744-45, 87 S. Ct. at 1400, and Bledsoe, 178 S.W.3d at 826-27, we have reviewed the record and appointed counsel's Anders brief, and we conclude that this appeal warrants further development by counsel. Accordingly, we (1) strike the brief filed by appellant's current appointed counsel, Deborah Summers, (2) grant counsel's motion to withdraw, and (3) abate this appeal and remand the cause for the trial court to appoint new appellate counsel to present any grounds that might support the appeal. We further order that a supplemental clerk's record be filed with this Court containing the name, address, and state bar number of the new counsel appointed.

It is so ORDERED. Judge's signature: /s/ Rebeca Huddle

Acting individually Date: June 13, 2017


Summaries of

Coleman v. State

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON
Jun 13, 2017
Appellate case number: 01-16-00252-CR (Tex. App. Jun. 13, 2017)
Case details for

Coleman v. State

Case Details

Full title:Vastie Shakira Coleman v. The State of Texas

Court:COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

Date published: Jun 13, 2017

Citations

Appellate case number: 01-16-00252-CR (Tex. App. Jun. 13, 2017)