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Freddy Richard Rodriguez v. State

Citation: Not availableDocket: 03-94-00642-CR

Court: Court of Appeals of Texas; May 1, 1996; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Freddy Richard Rodriguez was convicted of felony theft by a jury in the District Court of Dallas County, receiving a six-year prison sentence. Rodriguez's court-appointed attorney submitted an Anders brief, concluding the appeal was frivolous and without merit, in accordance with the standards set in *Anders v. California*. The brief evaluated the record and indicated no arguable grounds for appeal. Rodriguez was provided a copy of this brief and informed of his right to file a pro se brief, but he did not submit one. Upon reviewing the case record and the attorney's brief, the court agreed with the assessment that the appeal lacked merit. Consequently, the judgment of conviction was affirmed. The ruling was made by Chief Justice Carroll and Justices Aboussie and Kidd, filed on May 1, 1996, and marked as "Do Not Publish."

Legal Issues Addressed

Affirmation of Conviction Based on Lack of Merit

Application: After reviewing the case record and the attorney's brief, the court affirmed the conviction due to the lack of merit in the appeal.

Reasoning: Upon reviewing the case record and the attorney's brief, the court agreed with the assessment that the appeal lacked merit. Consequently, the judgment of conviction was affirmed.

Anders Brief Standards

Application: The court-appointed attorney submitted an Anders brief, indicating the appeal was frivolous and without merit after evaluating the record.

Reasoning: Rodriguez's court-appointed attorney submitted an Anders brief, concluding the appeal was frivolous and without merit, in accordance with the standards set in *Anders v. California*.

Right to File Pro Se Brief

Application: Despite being informed of his right to file a pro se brief, the appellant did not exercise this right.

Reasoning: Rodriguez was provided a copy of this brief and informed of his right to file a pro se brief, but he did not submit one.