Bobbie Jackson Chavez, Jr. v. the State of Texas
11-19-00220-CR
| Tex. App. | Jul 8, 2021Background
- Chavez was convicted by a jury of second-degree felony robbery; punishment assessed at 9 years' confinement and a $2,500 fine.
- Court‑appointed appellate counsel filed a motion to withdraw supported by an Anders brief, provided Chavez the record, and notified him of his rights under appellate rules.
- Chavez filed a pro se response alleging appellate counsel denied him effective assistance by failing to consult.
- The court performed an independent Anders/Schulman review of the record and concluded there were no arguable grounds for appeal.
- The court identified a nonreversible error: the judgment assessed a $25 Time Payment Fee prematurely and ordered the fee struck from the judgment and bill of costs.
- The court granted counsel’s motion to withdraw and, as modified (deleting the $25 fee without prejudice to later assessment), affirmed the trial court’s judgment.
Issues
| Issue | Chavez's Argument | State's Argument | Held |
|---|---|---|---|
| Whether appellate counsel may withdraw under Anders/Schulman | Counsel failed to consult; counsel’s brief inadequate → ineffective assistance on appeal | Counsel complied with Anders/Schulman/Kelly and no arguable issues exist | Court independently reviewed record and found appeal frivolous; granted withdrawal |
| Whether the $25 Time Payment Fee was properly assessed as court costs | Fee should not be assessed prematurely | Fee improperly assessed under recent precedent | Court struck the $25 time payment fee from judgment and bill of costs; may be assessed later if unpaid after 30 days post-mandate |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (standard for counsel withdrawal when appeal is frivolous)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (procedure for reviewing Anders briefs and handling pro se responses)
- Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014) (guidance on counsel’s obligations under Anders)
- Dulin v. State, 620 S.W.3d 129 (Tex. Crim. App. 2021) (time payment fee cannot be assessed prematurely)
- Cates v. State, 402 S.W.3d 250 (Tex. Crim. App. 2013) (modify judgment to remove improperly assessed fees)