Charles Wayne Cooper v. State
13-15-00103-CR
| Tex. App. | Oct 15, 2015Background
- Charles Wayne Cooper was indicted for family-violence assault enhanced to a second-degree felony as a habitual offender and pled guilty in 2011; sentence of 8 years was suspended and he was placed on community supervision.
- During probation the State filed three motions to revoke; Cooper admitted violations in the first two motions and remained on supervision with added conditions.
- The third motion (filed Jan. 2, 2015) alleged trespass, public intoxication, failure/withdrawal from a residential treatment program, and related probation breaches; Cooper pleaded true, executed a stipulation and judicial confession, and waived a presentence investigation.
- The trial court revoked community supervision and sentenced Cooper to seven years in TDCJ-ID; Cooper was granted limited appeal rights and appellate counsel was appointed.
- Appellate counsel filed an Anders brief and motion to withdraw, concluding no arguable grounds for appeal and certifying that Cooper was notified of his rights and provided the record; Cooper filed no pro se response.
- The court of appeals conducted an independent review of the entire record, found the appeal wholly frivolous, affirmed the revocation judgment, and granted counsel’s motion to withdraw while directing counsel to notify Cooper about discretionary review rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred in revoking community supervision based on Cooper’s admissions and stipulation | State: admissions, stipulation, and probation officer affidavit provided sufficient basis to revoke | Cooper: (no meritorious argument preserved; he pleaded true and waived PSI) | Court: No reversible error; revocation valid and sentence affirmed |
| Whether counsel’s Anders brief adequately discharged appellate duties and whether withdrawal should be allowed | State: counsel complied with Anders requirements and notified appellant of rights | Cooper: (no pro se brief filed claiming error) | Court: Anders brief sufficient; granted counsel’s motion to withdraw |
| Whether the court of appeals complied with its obligation to perform independent review after an Anders brief | State: appellate court performed full review of record and brief | Cooper: (no argument raised) | Court: Independent review completed; appeal found wholly frivolous |
| Whether appellant was properly informed of right to seek discretionary review and next steps after counsel’s withdrawal | State: counsel provided record and notice; court ordered counsel to send opinion and notify Cooper of PDR rights | Cooper: (no contention) | Court: Ordered counsel to deliver opinion and notify Cooper; no substitute counsel will be appointed; PDR available within 30 days |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (appointed counsel must file a brief and seek permission to withdraw if appeal is frivolous)
- Penson v. Ohio, 488 U.S. 75 (1988) (appellate court must independently examine the record following an Anders brief)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (Texas guidance on Anders procedure and appellate counsel obligations)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (procedural standards for Anders-type filings)
- Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014) (requirements for counsel’s communication with appellant about Anders filings)
- Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (discussing counsel’s duty to withdraw when appeal is frivolous)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (options for appellate court after Anders brief and pro se response)
- Jeffrey v. State, 903 S.W.2d 776 (Tex. App.—Dallas 1995) (procedural discussion on withdrawal when appeal is frivolous)
- Ex Parte Owens, 206 S.W.3d 670 (Tex. Crim. App. 2006) (protocols for notifying indigent defendants after counsel withdraws)