Charles Leo Anderson III v. State
13-15-00002-CR
| Tex. App. | Aug 31, 2015Background
- In 2013, Anderson pled guilty to indecency with a child, a second-degree felony, under a plea agreement.
- The trial court placed him on eight years’ deferred adjudication Community Supervision.
- In Oct. 2014, the State filed an amended motion to revoke the supervision for numerous violations.
- At the December 11, 2014 revocation hearing, Anderson pled true to the allegations; the court revoked supervision, adjudicated guilt, and sentenced him to 20 years’ imprisonment.
- Appellate counsel filed an Anders brief indicating no nonfrivolous issues and moved to withdraw.
- The court conducted independent review and affirmed the trial court’s judgment; the motion to withdraw was granted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Anders brief comports with controlling standards | Anderson’s counsel found no reversible errors. | State did not contest the lack of arguable issues; no additional issues raised. | No reversible error; appeal wholly frivolous as reviewed. |
| Whether the revocation and adjudication were properly supported by the evidence | Evidence supported true findings and revocation. | Not contested; proceedings complied with law. | Affirmed; revocation and adjudication valid. |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (procedural framework for frivolous–appeal review)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (requirements for Anders brief in Texas)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (orig. proceeding; recording duties on Anders brief)
- Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014) (proceedings when Anders brief filed; rights notice)
- Penson v. Ohio, 488 U.S. 75 (1988) (requirement to conduct independent review when no issues are raised)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (how appellate courts address Anders briefs)
- Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (procedural guidance for Anders proceedings)
- Ex parte Owens, 206 S.W.3d 670 (Tex. Crim. App. 2006) (timing and form for discretionary review)