Cannon Jay Ebarb v. State, 06-17-00032-CR

Appellant Cannon Jay Ebarb originally pled guilty to aggravated assault with a deadly weapon and true to a single prior felony; he received deferred adjudication and eight years’ community supervision.
The State filed an application to adjudicate guilt for violations of community supervision; Ebarb pled true to the State’s allegation and was afforded a hearing.
The trial court adjudicated Ebarb guilty and sentenced him to 35 years’ imprisonment.
Appellate counsel filed an Anders brief concluding there were no non-frivolous issues and moved to withdraw; counsel notified Ebarb of his rights to access the record and file a pro se response, and Ebarb did not respond.
The appellate court found clerical errors in the trial court’s order of adjudication: it misidentified the offense as a first-degree offense under §22.02(b)(1) (dating/family/household) instead of aggravated assault with a deadly weapon under §22.02(a)(2), a second-degree felony, and failed to note the enhancement plea/finding as true.
The court independently reviewed the record, modified the judgment to correct the offense, statute, degree, and enhancement findings, found no reversible error, affirmed the judgment as modified, and granted counsel leave to withdraw.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the appellate record presents reversible error	State argued adjudication and sentence were supported by plea and evidence	Ebarb (through counsel) asserted no non-frivolous appellate issues in Anders brief	No reversible error; record supports adjudication and sentence
Whether the judgment’s offense description and statute are correct	State relied on indictment and original plea to aggravated assault with a deadly weapon	Ebarb’s written order misrecited offense as aggravated assault under §22.02(b)(1) (dating/family) and 1st-degree felony	Court modified judgment to correctly state §22.02(a)(2), aggravated assault with a deadly weapon, 2nd-degree felony
Whether enhancement plea/finding was reflected in the order	State’s filings and original plea showed plea and finding of true to prior felony	Order omitted notation that enhancement plea and finding were true	Court modified order to show enhancement plea: True; finding: True, which affects punishment range statutes
Whether counsel could be permitted to withdraw under Anders	Appellate counsel provided Anders brief and notified appellant of rights to pro se response	Ebarb did not file pro se response or request access to record	Court granted counsel’s motion to withdraw and declined to appoint substitute counsel; advised appellant of PDR options

Anders v. California, 386 U.S. 738 (establishes procedures when counsel finds appeal frivolous)
In re Schulman, 252 S.W.3d 403 (discusses Anders procedure in Texas appellate practice)
Stafford v. State, 813 S.W.2d 503 (procedural standards for appellate counsel’s Anders brief)
High v. State, 573 S.W.2d 807 (standards related to Anders-type filings)
Ferguson v. State, 435 S.W.3d 291 (modifying judgments in Anders cases)
Halbert v. Michigan, 545 U.S. 605 (right to counsel in postconviction appellate processes)
Bledsoe v. State, 178 S.W.3d 824 (independent appellate review following Anders)