Unreported / Non-Citable
Background
Darrell Wayne Lang was indicted for the first-degree felony offense of continuous sexual abuse of a child under Texas Penal Code § 21.02(b). The case was tried in the 75th District Court of Liberty County, Texas. After trial, a jury found Lang guilty, and the trial court, exercising its discretion to assess punishment, sentenced him to life imprisonment. The trial court ordered that this sentence run consecutively to Lang’s prior sentences from Montgomery County cases in which he had pleaded guilty to child pornography charges.
Lang appealed to the Texas Court of Appeals, Ninth District. His appellate counsel filed an Anders brief, which presented counsel’s professional evaluation of the record and concluded that the appeal was wholly frivolous and without merit. The court extended time for Lang to file a pro se response, but he did not do so.
The Court’s Holding
The Texas Court of Appeals affirmed the trial court’s judgment in its entirety. The court noted that under Bledsoe v. State, appellate courts receiving an Anders brief may determine whether an appeal is wholly frivolous or whether arguable grounds for appeal exist.
Following the mandate in Penson v. Ohio, the court conducted a full examination of the entire record and counsel’s brief. After this thorough review, the court found no reversible error. The court concluded that the appeal was wholly frivolous and therefore found it unnecessary to appoint new counsel to re-brief the issues on appeal.
Key Takeaways
- Conviction for continuous sexual abuse of a child was upheld on appeal with no reversible error identified.
- The life sentence imposed by the trial court was affirmed.
- Consecutive sentencing to prior child pornography convictions was upheld.
- Courts must conduct full record review even in Anders frivolous-appeal proceedings to ensure no arguable grounds for reversal exist.
Why It Matters
This decision affirms significant criminal convictions and sentencing in a serious child sexual abuse case. For practitioners, the opinion demonstrates how Texas appellate courts rigorously apply Anders procedures. Even when appellate counsel concludes an appeal is frivolous, courts do not simply rubber-stamp that conclusion—they conduct independent, thorough review of the record to ensure procedural fairness and that no legitimate grounds for reversal have been overlooked.
The decision also underscores the seriousness with which Texas courts treat crimes involving child sexual abuse, particularly when combined with prior convictions for child pornography. The affirmance of consecutive sentencing reflects judicial enforcement of significant penalties for such offenses.