San Marcos Mercury | Local News from San Marcos and Hays County, Texas

August 22nd, 2011
Higher court dismisses Dripping Springs man’s appeal

STAFF REPORT

A Dripping Springs resident convicted in Hays County last year of two counts of indecency with a child by sexual contact lost an appeal on Thursday.

Rex Carlton Crowder’s court-appointed attorney, Alex Calhoun, filed a so-called Anders brief in March, concluding that Crowder’s appeal was frivolous and asking to withdraw from representing his client. A three-judge panel of the Texas Third Court of Appeals examined the case and, finding no reversible error, dismissed Crowder’s appeal.

According to the panel’s memorandum opinion, Crowder received a copy of the attorney’s brief and was advised of his right to examine case records and file a brief on his own behalf. As of Thursday, no pro se brief had been filed.

The 1967 U.S. Supreme Court decision in Anders v. California established a procedure for an attorney to ask to be released from representing an indigent client whose appeal the attorney decides is without merit.

A Hays County jury found Crowder committed the two acts of indecency with a child in October 2007. The trial court sentenced him to two concurrent 15 year sentences and assessed a $10,000 fine. Crowder was charged with aggravated sexual assault of a child, but the court dismissed this charge.

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