Unreported / Non-Citable
Background
Toray Lamont Moore pleaded guilty to aggravated assault with a deadly weapon. Under a plea agreement, the trial court deferred adjudication of guilt and placed him on community supervision for six years.
In April 2024, the State moved to adjudicate Moore’s guilt, alleging that he had violated multiple conditions of his community supervision. After a hearing, the trial court adjudicated him guilty and sentenced him to 15 years in prison. Moore timely appealed.
Moore’s appointed appellate counsel moved to withdraw and filed an Anders brief stating that a thorough review of the record revealed no reversible error or nonfrivolous ground for appeal. Counsel and the court notified Moore of his rights to access the record and file a pro se response. Moore did not file a pro se response to the Anders brief, although he submitted a letter concerning his motion for access to the record. The State waived a response.
The Court’s Holding
The First Court of Appeals independently reviewed the entire appellate record, as required when appointed counsel files an Anders brief. It concluded that the record contained no reversible error, there were no arguable grounds for appellate review, and the appeal was frivolous.
The court therefore affirmed the trial court’s judgment and granted appointed counsel’s motion to withdraw. It dismissed all other pending motions as moot and directed counsel to provide Moore with the required notice of the appeal’s disposition. The court noted that Moore could independently seek discretionary review in the Texas Court of Criminal Appeals.
Key Takeaways
- An appellate court must independently examine the record before determining that an appeal accompanied by an Anders brief is wholly frivolous.
- The court found no arguable ground to reverse Moore’s adjudication of guilt or 15-year prison sentence.
- Withdrawal did not end counsel’s duty to notify Moore of the result and his ability to pursue discretionary review on his own.
Why It Matters
The memorandum opinion illustrates the procedure Texas appellate courts follow when appointed counsel concludes that a criminal appeal presents no nonfrivolous issue. Counsel’s assessment alone does not resolve the appeal; the appellate court must conduct its own review of the full record.
The decision also underscores the notice obligations that remain after counsel is permitted to withdraw and preserves the defendant’s ability to challenge the no-arguable-grounds determination through a petition for discretionary review.