The United States Court of Appeals for the Fifth Circuit dismissed an appeal filed by Rose Garcia after reviewing a motion by her appointed counsel to withdraw. The court found that the appeal presented no nonfrivolous issues for appellate review.
Rose Garcia appealed a conviction from the United States District Court for the Southern District of Texas. Her appointed Federal Public Defender moved to withdraw and filed a brief stating the appeal lacked nonfrivolous issues.
The court’s reasoning
The court reviewed the counsel’s brief and the relevant portions of the record. It concurred with counsel’s assessment that the appeal presented no nonfrivolous issue for appellate review.
What it means going forward
Counsel is excused from further responsibilities and the appeal is dismissed without addressing the merits of the underlying conviction.
