Narrative Opinion Summary
In this case, the appellant challenged his conviction for family violence assault by impeding breath or circulation, for which he received a ten-year sentence. His appointed counsel filed an Anders brief, asserting that the appeal was frivolous, and sought to withdraw from the case. Upon review, the appellate court agreed with the counsel's assessment, finding no reversible errors in the conviction or sentence. However, the court identified a Category 3 nonreversible error involving the trial court's judgment, which improperly included a $1,500 fine in the court costs. This fine was not adjudicated during the revocation hearing, and the appellate court modified the judgment to reflect the proper court costs amounting to $279. The appellate court affirmed the modified judgment, granted the motion for counsel to withdraw, and indicated no additional grounds for sustaining the appeal. This decision was rendered on November 22, 2022, and was not designated for publication, thus maintaining its limited precedential value.
Legal Issues Addressed
Appellate Review of Anders Briefssubscribe to see similar legal issues
Application: The appellate court reviewed the record and concluded that the appeal lacks merit, affirming the trial court's judgment and granting counsel's motion to withdraw.
Reasoning: Fields's appointed counsel filed a motion to withdraw, presenting an Anders brief asserting the appeal is frivolous. The court reviewed the record and concluded that the appeal lacks merit and identified no reversible errors in Fields's conviction or sentence.
Exclusion of Fines Not Imposed in Revocation Hearingssubscribe to see similar legal issues
Application: The court determined that the fine should not have been included in the bill of costs as it was not imposed during the revocation hearing.
Reasoning: The fine, considered punishment, should not have been included in the bill of costs, especially since the trial court did not impose a fine during the revocation hearing.
Modification of Judgment for Nonreversible Errorssubscribe to see similar legal issues
Application: The appellate court identified a nonreversible error in the trial court's judgment related to an inaccurately included fine and modified the judgment accordingly.
Reasoning: The court noted a Category 3 nonreversible error regarding the trial court's judgment, which inaccurately included a $1,500 fine as part of court costs totaling $1,779.