Adrian Williams v. State
01-16-00960-CR
| Tex. App. | Nov 21, 2017Background
- Adrian Williams pleaded guilty (no agreed punishment) to aggravated robbery with a deadly weapon.
- Trial court sentenced Williams to 15 years’ imprisonment, within the statutory range for a first-degree felony.
- The trial court certified this was not a plea-bargain case and that Williams retained the right to appeal.
- Appointed appellate counsel filed an Anders motion to withdraw and an Anders brief, concluding the appeal is frivolous.
- Counsel notified Williams of the motion/brief and his right to file a pro se response and access the record; Williams filed no pro se response.
- The Court of Appeals conducted an independent review of the entire record and found no arguable grounds for appeal, affirmed the conviction, and granted counsel’s motion to withdraw.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there are arguable grounds for appeal after a guilty plea without an agreed punishment | Williams (through counsel) implicitly argues no reversible error identified | State argues sentence and proceedings were lawful; no reversible error | Court: No arguable grounds; appeal frivolous; affirmation |
| Whether appointed counsel may withdraw under Anders standards | Williams asserts right to effective advocacy but raised no specific errors | Counsel argues Anders procedure satisfied and no meritorious issues exist | Court: Anders brief adequate; counsel may withdraw |
| Whether appellant received proper notice and opportunity to respond | Williams did not file a pro se response despite notice | State contends counsel complied with notice requirements | Court: Notice requirement met; no pro se response filed |
| Whether discretionary review options remain | Williams may still seek further review | State notes affirmance concludes this appeal | Court: Affirmed; Williams may file PDR to Texas Court of Criminal Appeals |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (establishes counsel’s procedure for withdrawing when appeal is frivolous)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (discusses counsel’s duty in appellate review)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (notice requirements when counsel files Anders brief)
- Mitchell v. State, 193 S.W.3d 153 (Tex. App.—Houston [1st Dist.] 2006) (appellate practice applying Anders principles)
- Garner v. State, 300 S.W.3d 763 (Tex. Crim. App. 2009) (reviewing court’s duty to independently assess for arguable grounds)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (counsel’s continuing duties and PDR guidance)