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