Unreported / Non-Citable
Background
A jury found Cheryl Kindell guilty of felony bribery and possession of a prohibited substance in a correctional facility. It assessed three years’ confinement and a $500 fine for bribery and five years’ confinement and a $500 fine for possession.
The jury recommended suspending the sentences, and the trial court placed Kindell on six years of community supervision for each offense. On appeal, her appointed attorney moved to withdraw and filed an Anders brief stating that the record disclosed no reversible error and that the appeal was frivolous.
The Court’s Holding
The First Court of Appeals concluded that counsel’s brief satisfied Anders by professionally evaluating the record and citing relevant portions of the record and legal authorities. Counsel represented that he had thoroughly reviewed the proceedings and could identify no ground warranting reversal.
After independently reviewing the entire record, the court found no reversible error and no arguable ground for review. It therefore held that the appeal was frivolous, affirmed the trial court’s judgment, and granted counsel’s motion to withdraw.
Key Takeaways
- An appellate court reviewing an Anders brief must independently examine the entire record rather than rely solely on counsel’s assessment.
- The court found no arguable appellate issue affecting Kindell’s convictions, punishment, or community-supervision terms.
- Kindell may challenge the determination that no arguable grounds exist by pursuing discretionary review in the Texas Court of Criminal Appeals.
Why It Matters
The memorandum opinion illustrates the procedure Texas appellate courts follow when appointed counsel concludes that a criminal appeal lacks merit. Counsel must provide a professional record-based evaluation, and the appellate court must make its own determination that the appeal is wholly frivolous.
The decision leaves Kindell’s convictions and community supervision intact while requiring withdrawing counsel to notify her of the result and her ability to pursue discretionary review on her own.