Unreported / Non-Citable
Background
Siang Leng Thang pleaded guilty to murder in the 16th District Court of Denton County and elected to have a jury determine his punishment. The jury assessed punishment at life in prison, and the trial court entered judgment on the verdict.
On appeal, Thang’s appointed counsel filed an Anders brief and moved to withdraw, representing that the record presented no meritorious ground for appeal. Counsel gave Thang the required materials and informed him of his rights to file a pro se response and seek further review. Thang filed no pro se response, and the State waived a formal response.
The Court’s Holding
The Texas Second Court of Appeals independently examined the appellate record, as required when appointed counsel files an Anders brief. It concluded that the appeal was wholly frivolous and without merit because the record revealed nothing that might arguably support appellate relief.
The court granted appointed counsel’s motion to withdraw and affirmed the trial court’s judgment, leaving Thang’s murder conviction and life sentence in place.
Key Takeaways
- An appellate court receiving a compliant Anders brief must independently review the record for potentially arguable grounds for appeal.
- Thang did not submit a pro se response identifying any alleged error, and the State waived a formal response.
- Finding no issue that could arguably support relief, the court affirmed the judgment and allowed appointed counsel to withdraw.
Why It Matters
The decision illustrates the procedure Texas appellate courts follow when appointed counsel concludes that a criminal appeal is frivolous. Counsel’s assessment does not end the inquiry; the appellate court must conduct its own examination of the record before affirming.
Here, that independent review uncovered no arguable error affecting Thang’s guilty plea, punishment proceeding, or resulting judgment, so his life sentence remained intact.