Unreported / Non-Citable
Background
Stacia Monique McGrew entered an open guilty plea to theft of property valued at $300,000 or more, a first-degree felony. Following a punishment hearing, the 372nd District Court of Tarrant County sentenced her to 15 years’ imprisonment.
McGrew appealed, but her appointed appellate counsel concluded after reviewing the record that no genuinely arguable appellate issues existed. Counsel filed an Anders brief and a motion to withdraw, provided McGrew with the brief, motion, and appellate record, and informed her of her right to submit a pro se response. McGrew filed neither a response nor a request for additional time.
The Court’s Holding
The Texas Sixth Court of Appeals independently reviewed the entire appellate record and agreed with counsel that the appeal was wholly frivolous. The court found no arguable issue that could support the appeal.
Because an appellate court must affirm once it determines in the Anders context that an appeal lacks merit, the court affirmed the trial court’s judgment. It also granted appellate counsel’s motion to withdraw and stated that no substitute counsel would be appointed.
Key Takeaways
- An Anders brief was appropriate because counsel professionally evaluated the record and explained why no arguable appellate grounds existed.
- The appellate court independently reviewed the full record and found the appeal wholly frivolous.
- The court affirmed McGrew’s conviction and 15-year sentence and permitted appointed appellate counsel to withdraw.
Why It Matters
The decision illustrates the procedure Texas appellate courts follow when appointed counsel concludes that a criminal appeal presents no nonfrivolous issues. Counsel’s assessment does not end the inquiry; the appellate court must independently review the record before affirming under Anders.