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Michael Lindaas AKA Michael Landaas AKA Michael Greer v. State

Citation: Not availableDocket: 03-04-00669-CR

Court: Court of Appeals of Texas; July 13, 2005; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Michael Lindaas, also known as Michael Landaas or Michael Greer, was found guilty by a jury of possessing over four grams of methamphetamine with intent to deliver, as per Texas Health and Safety Code § 481.112(a). The jury sentenced him to life imprisonment, enhanced by two prior felony convictions. His court-appointed attorney submitted a brief indicating that the appeal is frivolous and without merit, satisfying the Anders v. California criteria by providing a professional evaluation of the record. The appellant was informed of his right to review the record and file a pro se brief; however, he did not submit one. After reviewing the case and the attorney's brief, the Court of Appeals concluded that there are no arguable grounds for the appeal and affirmed the judgment of conviction. The opinion was filed on July 13, 2005, by Chief Justice W. Kenneth Law and Justices Patterson and Puryear.

Legal Issues Addressed

Anders Brief Submission and Frivolous Appeal

Application: The court-appointed attorney submitted an Anders brief indicating that the appeal lacks merit, satisfying the requirements for withdrawal in cases deemed frivolous.

Reasoning: His court-appointed attorney submitted a brief indicating that the appeal is frivolous and without merit, satisfying the Anders v. California criteria by providing a professional evaluation of the record.

Appellate Review and Affirmation of Conviction

Application: Upon reviewing the case and the attorney's brief, the Court of Appeals found no arguable grounds for appeal and affirmed the conviction, upholding the lower court's decision.

Reasoning: After reviewing the case and the attorney's brief, the Court of Appeals concluded that there are no arguable grounds for the appeal and affirmed the judgment of conviction.

Defendant's Right to File a Pro Se Brief

Application: The appellant was informed of his right to review the record and submit a pro se brief, yet he chose not to exercise this right.

Reasoning: The appellant was informed of his right to review the record and file a pro se brief; however, he did not submit one.

Possession with Intent to Deliver under Texas Health and Safety Code § 481.112(a)

Application: The defendant was found guilty by a jury for possessing over four grams of methamphetamine with the intent to deliver, demonstrating the enforcement of statutory provisions against drug offenses.

Reasoning: Michael Lindaas, also known as Michael Landaas or Michael Greer, was found guilty by a jury of possessing over four grams of methamphetamine with intent to deliver, as per Texas Health and Safety Code § 481.112(a).

Sentence Enhancement Due to Prior Felony Convictions

Application: The jury imposed a life sentence on the defendant, which was enhanced due to his two prior felony convictions, reflecting the impact of recidivism on sentencing severity.

Reasoning: The jury sentenced him to life imprisonment, enhanced by two prior felony convictions.