You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Anthony Wendell Carter v. State

Citation: Not availableDocket: 01-04-01211-CR

Court: Court of Appeals of Texas; August 31, 2005; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Anthony Wendell Carter pleaded guilty to aggravated robbery without a plea agreement. Following a sentencing hearing where both state and defense witnesses provided testimony, the trial court sentenced him to five years of confinement. Carter's court-appointed counsel filed a motion to withdraw, concluding that the appeal lacked merit and complied with the requirements set forth in Anders v. California. The counsel provided a professional evaluation of the record, indicating no arguable grounds for appeal, and confirmed that Carter was informed of his rights to review the record and file a pro se brief. As more than 30 days had elapsed without Carter filing such a brief, the court reviewed the record and counsel's brief, finding no reversible error. The court affirmed the trial court's judgment and granted counsel’s motion to withdraw. The opinion was issued by a panel consisting of Justices Nuchia, Keyes, and Bland, and it is not intended for publication.

Legal Issues Addressed

Affirmation of Trial Court's Judgment

Application: After reviewing the record and counsel's brief, the appellate court found no reversible error and affirmed the trial court's judgment, granting the counsel’s motion to withdraw.

Reasoning: The court reviewed the record and counsel's brief, finding no reversible error. The court affirmed the trial court's judgment and granted counsel’s motion to withdraw.

Anders Brief Procedure

Application: Carter's court-appointed counsel filed a motion to withdraw, asserting that the appeal lacked merit, in compliance with Anders v. California, and provided a professional evaluation of the record.

Reasoning: Carter's court-appointed counsel filed a motion to withdraw, concluding that the appeal lacked merit and complied with the requirements set forth in Anders v. California.

Defendant's Right to Pro Se Brief

Application: Carter was informed of his rights to review the record and file a pro se brief, but did not file one within the allotted time frame, leading the court to proceed with the review.

Reasoning: Carter was informed of his rights to review the record and file a pro se brief. As more than 30 days had elapsed without Carter filing such a brief, the court reviewed the record and counsel's brief, finding no reversible error.

Guilty Plea Without Plea Agreement

Application: The defendant, Anthony Wendell Carter, entered a guilty plea to aggravated robbery without a plea agreement, which led to a sentencing hearing where testimonies from both state and defense witnesses were considered.

Reasoning: Anthony Wendell Carter pleaded guilty to aggravated robbery without a plea agreement.

Non-publication of Opinion

Application: The opinion issued by the panel of Justices was not intended for publication.

Reasoning: The opinion was issued by a panel consisting of Justices Nuchia, Keyes, and Bland, and it is not intended for publication.

Sentencing Hearing and Imposition of Sentence

Application: The trial court conducted a sentencing hearing and, after considering testimonies, imposed a sentence of five years of confinement on Carter.

Reasoning: Following a sentencing hearing where both state and defense witnesses provided testimony, the trial court sentenced him to five years of confinement.