Antonious Lamar Dotson, Jr. v. State
06-16-00139-CR
Tex. App.Jan 25, 2017Background
- Antonious Lamar Dotson, Jr. pled guilty to assault of a public servant and received two years’ deferred adjudication community supervision under a plea agreement.
- The State later moved to proceed to adjudication; Dotson pled true to many alleged supervision violations; the State abandoned allegations to which he pled not true and relied on his pleas of true.
- After punishment evidence, the trial court adjudicated guilt and sentenced Dotson to four years’ incarceration.
- Appellate counsel filed an Anders brief concluding there were no non-frivolous issues and moved to withdraw, providing Dotson the record and notice of his rights; Dotson filed no pro se response.
- The Court of Appeals independently reviewed the record, concluded the appeal was wholly frivolous, affirmed the trial court’s judgment, and granted counsel permission to withdraw.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether non-frivolous appellate issues exist | Dotson implicitly seeks reversal of adjudication/sentence but raised no specific arguments | State contends Dotson’s pleas and record show no appealable issues | Court found no arguable issues; appeal is frivolous and affirmed |
| Whether counsel complied with Anders procedures | Counsel submitted an Anders brief, summarized the record, and moved to withdraw | State does not dispute Anders compliance | Court agreed counsel met Anders requirements and granted withdrawal |
| Whether the court must perform an independent review | Dotson did not file a pro se response or request extension | State relied on the record and counsel’s brief | Court conducted independent review, found no reversible error, affirmed |
| Whether substitute counsel must be appointed for PDR | Dotson requested no substitute counsel on appeal | State did not seek appointment of new counsel | Court denied appointment; advised Dotson of steps to seek discretionary review pro se or by retained counsel |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (establishes counsel’s duty when asserting an appeal is frivolous)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (Texas guidance on Anders compliance and procedures)
- Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (standards for counsel’s withdrawal when appeal lacks merit)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (procedural context for appellate counsel’s duties)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (court must independently review record in Anders-type appeals)