Akeliah Simpson v. State, 10-15-00171-CR

Simpson pled guilty to state-jail felony theft > $1,500 and received three years deferred adjudication community supervision.
The State filed a motion to adjudicate; Simpson pled true to six of eight allegations.
Following a hearing, the trial court adjudicated Simpson guilty and sentenced her to 14 months in state jail.
Appellate counsel concluded the appeal was frivolous and filed an Anders brief and motion to withdraw.
The clerk notified Simpson of her rights; she did not file a pro se response or seek the record.
The Tenth Court of Appeals reviewed the entire record, found no arguable grounds for appeal, affirmed the conviction, and granted counsel’s motion to withdraw.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether there is reversible error warranting appeal	Simpson (through counsel) raised no arguable grounds; implicitly contends proceedings were proper	State argues trial court’s adjudication and sentence were proper	Court found no reversible error; appeal frivolous and affirmed
Whether appointed appellate counsel properly moved to withdraw under Anders	Counsel argued she complied with Anders/High requirements and no appealable issues exist	State supported procedural adequacy of Anders brief and notice to appellant	Court held counsel complied with Anders/High and granted motion to withdraw
Whether appellant was adequately informed of appellate rights and given record access	Appellant did not assert lack of notice or inability to obtain record	State showed clerk and counsel advised appellant of rights and record access	Court found no indication appellant sought but could not obtain record; notice adequate
Whether new counsel must be appointed for further review to Court of Criminal Appeals	Simpson might seek discretionary review	State noted no new counsel would be appointed; appellant may retain counsel or file pro se PDR	Court affirmed that no new appellate counsel will be appointed; explained PDR procedures

Anders v. California, 386 U.S. 738 (U.S. 1967) (procedure for appointed counsel to withdraw when appeal is frivolous)
Penson v. Ohio, 488 U.S. 75 (U.S. 1988) (appellate court must conduct full examination of record after receiving Anders brief)
In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (Texas standards for Anders brief content and counsel withdrawal)
Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (procedural guidance on Anders briefs in Texas)
High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (requirement for counsel to discuss lack of reversible error)
Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (court’s duty to review record and Anders brief for reversible error)
Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014) (discussion on appellant access to record)
Ex parte Owens, 206 S.W.3d 670 (Tex. Crim. App. 2006) (procedures and obligations following Anders withdrawal)