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Phillip Mark Bailey v. State

Citation: Not availableDocket: 12-10-00020-CR

Court: Court of Appeals of Texas; June 30, 2011; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Phillip Mark Bailey appeals his convictions for forgery and robbery, receiving sentences of seven years and thirty-five years, respectively. Bailey pleaded guilty to both charges and admitted to prior felony convictions, which were acknowledged by the trial court. His attorney filed a brief in accordance with Anders v. California, indicating no reversible errors were found in the record and that no arguable issues for appeal exist. After reviewing the case and finding no errors, the court granted the attorney's motion to withdraw and dismissed the appeal. Bailey has the right to seek discretionary review from the Texas Court of Criminal Appeals, either through retained counsel or pro se, within thirty days of the court's opinion. The opinion was delivered on June 30, 2011, by a panel including Worthen, C.J., Griffith, J., and Hoyle, J.

Legal Issues Addressed

Anders Brief and Appeal Process

Application: Bailey's attorney filed an Anders brief, indicating that after a thorough review, no reversible errors or arguable issues for appeal were found in the record.

Reasoning: His attorney filed a brief in accordance with Anders v. California, indicating no reversible errors were found in the record and that no arguable issues for appeal exist.

Attorney Withdrawal and Dismissal of Appeal

Application: Upon finding no errors in the case, the court permitted the attorney to withdraw and subsequently dismissed the appeal, following the procedure outlined in Anders v. California.

Reasoning: After reviewing the case and finding no errors, the court granted the attorney's motion to withdraw and dismissed the appeal.

Guilty Plea and Sentencing

Application: The appellant, Phillip Mark Bailey, pleaded guilty to charges of forgery and robbery, which resulted in sentences of seven and thirty-five years, respectively.

Reasoning: Phillip Mark Bailey appeals his convictions for forgery and robbery, receiving sentences of seven years and thirty-five years, respectively. Bailey pleaded guilty to both charges and admitted to prior felony convictions, which were acknowledged by the trial court.

Right to Seek Discretionary Review

Application: Bailey retains the right to seek discretionary review from the Texas Court of Criminal Appeals within thirty days, either through retained counsel or by representing himself.

Reasoning: Bailey has the right to seek discretionary review from the Texas Court of Criminal Appeals, either through retained counsel or pro se, within thirty days of the court's opinion.