SPLIT DECISION: An application of Anders v. California – Zuniga v. State, 04-17-00058-CR

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In Zuniga v. State, 04-17-00058-CR, the appellant’s appointed counsel filed an Anders brief, explaining counsel believed there were no non-frivolous points of error to raise on appeal. The majority concluded “that the appeal is not wholly frivolous and there are arguable ground(s) for appeal, including whether Zuniga was subjected to custodial interrogation without Miranda warnings and whether his statement should have been suppressed under the Texas Family Code or the Texas Code of Criminal Procedure.” The dissenting opinion noted the standard for Anders cases is unclear, and argued the issue identified by the majority “presents neither reversible error nor a legal point arguable on its merits.”

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