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Richard Wayne Carrell v. State

Citation: Not availableDocket: 03-04-00303-CR

Court: Court of Appeals of Texas; January 26, 2005; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Richard Wayne Carrell was placed on deferred adjudication supervision in May 2003 after pleading guilty to sexual assault. In May 2004, following a hearing on the State's motion, the court adjudicated him guilty and sentenced him to twenty years in prison. Carrell’s court-appointed attorney submitted a brief declaring the appeal frivolous, complying with the standards set forth in Anders v. California, which requires a professional evaluation of the record to show the absence of arguable grounds for appeal. Carrell received a copy of this brief and was informed of his right to review the appellate record and submit a pro se brief, but he did not file one. After reviewing the record and the attorney's brief, the court concurred that the appeal lacked merit and found no grounds to support it. The judgment of conviction was affirmed.

Legal Issues Addressed

Adjudication of Guilt and Sentencing

Application: Carrell was adjudicated guilty and sentenced to twenty years in prison after a hearing on the State's motion.

Reasoning: In May 2004, following a hearing on the State's motion, the court adjudicated him guilty and sentenced him to twenty years in prison.

Anders Brief and Frivolous Appeal

Application: Carrell's attorney filed an Anders brief, indicating no arguable grounds for appeal, and the court agreed with this assessment, affirming the conviction.

Reasoning: Carrell’s court-appointed attorney submitted a brief declaring the appeal frivolous, complying with the standards set forth in Anders v. California, which requires a professional evaluation of the record to show the absence of arguable grounds for appeal.

Appellate Review and Affirmation of Conviction

Application: Upon reviewing the record and the attorney's brief, the court found no merit in the appeal and affirmed the conviction.

Reasoning: After reviewing the record and the attorney's brief, the court concurred that the appeal lacked merit and found no grounds to support it. The judgment of conviction was affirmed.

Deferred Adjudication and Guilty Pleas

Application: The court placed Richard Wayne Carrell on deferred adjudication supervision following his guilty plea to sexual assault.

Reasoning: Richard Wayne Carrell was placed on deferred adjudication supervision in May 2003 after pleading guilty to sexual assault.

Right to Submit Pro Se Brief

Application: Carrell was informed of his right to review the appellate record and submit a pro se brief, but he did not exercise this right.

Reasoning: Carrell received a copy of this brief and was informed of his right to review the appellate record and submit a pro se brief, but he did not file one.