Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Date: 01-09-2021
Case Style:
Riley Leandrew Brown v. The State of Texas
Case Number: 08-20-00112-CR
Judge: YVONNE T. RODRIGUEZ
Court: COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
Plaintiff's Attorney: Britt Lindsey
James Hicks, District Attorney
Defendant's Attorney:
OR
Just Call 855-853-4800 for Free Help Finding a Lawyer Help You.
Description:
EL PASO, TEXAS - Criminal defense attorney represented Riley Leandrew Brown with a Poss of Cocaine charge.
Riley Leandrew Brown (“Brown”) entered an open plea of guilty to possession of cocaine
in an amount of one gram or more, but less than four grams, a third-degree felony. SeeTEX.HEALTH
& SAFETY CODE ANN. §§ 481.102(3)(D), 481.115(c). Brown also pleaded “true” to an
enhancement paragraph alleging Brown was previously convicted of a felony for family violence
assault, which increased his punishment range from a third degree to second-degree felony. See
TEX.PENAL CODE ANN. § 12.42(a). After considering the contents of a presentence investigation
report and hearing evidence on punishment, the trial court sentenced Brown to twelve years’ of
confinement.
At the sentencing hearing, Brown expressed his desire to appeal the court’s sentence. The
trial court appointed appellate counsel, but the attorney failed to file a timely notice of appeal.
2
Brown filed an application for writ of habeas corpus in the county of his conviction alleging he
was denied his right to an appeal through no fault of his own and sought leave to file an out-oftime appeal. The application was forwarded by the court clerk to the Texas Court of Criminal
Appeals, which granted Brown relief. See Ex Parte Brown, No. WR-90,461-01, 2020 WL 913292
(Tex.Crim.App. Feb. 26, 2020). The trial court appointed new appellate counsel who timely filed
this appeal on Brown’s behalf.
However, Brown’s new court-appointed counsel has filed a brief in which she concludes
there exists no meritorious issue to appeal. The brief meets the requirements of Anders v.
California, 386 U.S. 738 (1967) by presenting a professional evaluation of the record
demonstrating why, in effect, there are no arguable grounds to be advanced. See In re Schulman,
252 S.W.3d 403, 406 n.9 (Tex.Crim.App. 2008)(“In Texas, an Anders brief need not specifically
advance ‘arguable’ points of error if counsel finds none, but it must provide record references to
the facts and procedural history and set out pertinent legal authorities.”); High v. State, 573 S.W.2d
807 (Tex.Crim.App. 1978).
In her brief, filed on July 1, 2020, counsel notified the Court that she has delivered to
Brown a copy of counsel's brief and the motion to withdraw, and she has advised Brown of his
right to review the record, file a pro se brief, and to seek discretionary review. Kelly v. State, 436
S.W.3d 313, 318-20 (Tex.Crim.App. 2014)(setting forth duties of counsel). Counsel also
explained, in compliance with Kelly, she provided Brown with a pro se motion seeking access to
his appellate records in the event Brown decided to file a pro se brief. Brown has filed neither the
motion seeking access to his appellate records nor a pro se brief in this Court
Outcome: After carefully reviewing the record and counsel's brief, we conclude that the appeal is wholly frivolous and without merit. Further, we find nothing in the record that might arguably support the appeal. The judgment of the trial court is affirmed.
Plaintiff's Experts:
Defendant's Experts:
Comments: