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Christopher Anthony Davidson v. State
06-15-00066-CR
| Tex. App. | Sep 18, 2015
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Background

  • Christopher Anthony Davidson pled guilty (open plea) to possession of methamphetamine (<1 gram) and was sentenced to two years in state jail.
  • Appellant filed this appeal from the Hunt County trial court judgment; related appeals (burglary convictions) exist in companion causes.
  • Appellate counsel filed an Anders brief concluding the appeal is frivolous and moved to withdraw, providing Davidson with the record and notice of his right to file a pro se response.
  • Davidson received the materials and notice but did not file a pro se response or request an extension.
  • The Court of Appeals independently reviewed the clerk’s and reporter’s records and determined there were no arguable issues supporting reversal.
  • The court affirmed the trial court’s judgment and granted counsel’s motion to withdraw; no substitute counsel will be appointed.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether there are arguable grounds for appeal from the conviction and sentence Davidson implicitly seeks reversal or relief via appeal of his conviction Appellate counsel argues the appeal is wholly frivolous and no reversible error exists Court held no arguable issues; affirmed conviction and sentence
Whether counsel may withdraw after filing an Anders brief N/A (appellant did not contest withdrawal) Counsel contends withdrawal is proper under Anders after demonstrating no meritorious issues Court granted counsel’s motion to withdraw in accordance with Anders
Whether appellant’s failure to file a pro se response affects review N/A Counsel notified Davidson of his right; Davidson did not file a response Court proceeded with independent review and affirmed
Whether to appoint substitute counsel for further review Appellant may seek further review but did not request counsel State did not request appointment; counsel sought withdrawal Court declined to appoint substitute counsel; advised appellant on petition for discretionary review process

Key Cases Cited

  • Anders v. California, 386 U.S. 738 (U.S. 1967) (procedure when counsel seeks to withdraw on grounds of frivolous appeal)
  • In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (standards for appellate counsel’s Anders brief in Texas)
  • Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (procedural guidance cited in Anders-review contexts)
  • High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (authority on appellate counsel duties and withdrawal)
  • Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (independent appellate review when counsel files an Anders brief)
Read the full case

Case Details

Case Name: Christopher Anthony Davidson v. State
Court Name: Court of Appeals of Texas
Date Published: Sep 18, 2015
Docket Number: 06-15-00066-CR
Court Abbreviation: Tex. App.