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Richard Clark v. State

Citation: Not availableDocket: 03-93-00396-CR

Court: Court of Appeals of Texas; February 8, 1994; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Richard Clark was found guilty of aggravated robbery by a jury, which sentenced him to ten years of imprisonment. His court-appointed attorney filed an Anders brief, asserting that the appeal is frivolous and lacks merit. The brief outlined potential contentions that could support the appeal, adhering to the standards established in relevant case law. Clark was provided a copy of the brief and informed of his right to review the appellate record and submit a pro se brief, but no such brief was filed. After a thorough review of both the record and the attorney's brief, the court concluded that the appeal is indeed frivolous and affirmed the conviction. The judgment was issued on February 9, 1994, with the decision not being published.

Legal Issues Addressed

Affirmation of Conviction Upon Finding of Frivolous Appeal

Application: The court affirmed the conviction after determining the appeal to be frivolous, as no meritorious issues were identified upon review.

Reasoning: After a thorough review of both the record and the attorney's brief, the court concluded that the appeal is indeed frivolous and affirmed the conviction.

Anders Briefs and Frivolous Appeals

Application: The court evaluated the appeal under the standards for Anders briefs, concluding that the appeal is frivolous after reviewing the record and the attorney's brief.

Reasoning: His court-appointed attorney filed an Anders brief, asserting that the appeal is frivolous and lacks merit.

Right of Defendant to Submit Pro Se Brief

Application: Despite being informed of his right to submit a pro se brief after receiving the Anders brief, the defendant did not file any such brief.

Reasoning: Clark was provided a copy of the brief and informed of his right to review the appellate record and submit a pro se brief, but no such brief was filed.