History
  • No items yet
midpage
Christopher William Mann v. State
06-15-00163-CR
Tex. Crim. App.
Nov 6, 2015
Read the full case

Background

  • Christopher William Mann pleaded guilty and received two years deferred adjudication for aggravated assault with a deadly weapon; the State later filed a motion to adjudicate alleging 14 violations.
  • Mann pled "true" to the violations at the adjudication hearing; the court later adjudicated guilt and sentenced him to 14 years’ imprisonment.
  • The district clerk issued a capias and the State filed the motion to adjudicate well before the supervision term expired.
  • Mann attempted to present a victim letter (admitted over hearsay objection) and later testified, denying the assault and criticizing counsel; the victim initially invoked the Fifth but ultimately testified.
  • Appellate counsel filed an Anders brief concluding the appeal is frivolous and certified that Mann was notified of his right to file a pro se response.

Issues

Issue Plaintiff's Argument (State) Defendant's Argument (Mann) Held
Jurisdiction to adjudicate guiltMotion and capias were filed timely; court has subject-matter and personal jurisdictionMann contends timing/processing could be challenged (implicit) Court had jurisdiction over person and subject matter; adjudication timely permitted under Art. 42.12 §5(h)
Adequacy of notice of violationsMotion to adjudicate sufficiently and clearly alleged violations; no timely objection belowMann did not preserve a challenge to the motion’s adequacy Motion provided constitutionally adequate notice; no preserved error
Sufficiency of evidence to revoke/adjudicateA plea of "true" is sufficient to support revocation/adjudication; State need only prove by preponderanceMann later recanted guilty plea and denied commission at sentencingPlea of "true" alone supports adjudication; evidence legally sufficient to proceed
Sentence within statutory range & ineffective assistanceCourt could impose any statutory sentence upon adjudication; counsel’s representation was reasonable strategyMann complained about sentence exceeding prosecutor’s recommendation and criticized counselSentence (14 years) was within statutory limits; record does not support ineffective-assistance claim

Key Cases Cited

  • Anders v. California, 386 U.S. 738 (1967) (framework for counsel withdrawing when appeal is frivolous)
  • McCoy v. Court of Appeals, 486 U.S. 429 (1988) (limits on counsel’s role in appellate advocacy)
  • Strickland v. Washington, 466 U.S. 668 (1984) (two-part ineffective-assistance standard)
  • State v. Dunbar, 297 S.W.3d 777 (Tex. Crim. App. 2009) (court retains jurisdiction when motion and capias filed before supervision expiration)
  • LaBelle v. State, 720 S.W.2d 101 (Tex. Crim. App. 1986) (revocation motion must fairly inform probationer of allegations)
  • Moses v. State, 590 S.W.2d 469 (Tex. Crim. App. 1979) (plea of true alone can support revocation)
  • Von Schounmacher v. State, 5 S.W.3d 221 (Tex. Crim. App. 1999) (court not bound by plea agreement recommendations after adjudication)
  • Ex parte Broadway, 301 S.W.3d 694 (Tex. Crim. App. 2009) (judge may assess any statutorily permitted punishment upon adjudication)
Read the full case

Case Details

Case Name: Christopher William Mann v. State
Court Name: Court of Criminal Appeals of Texas
Date Published: Nov 6, 2015
Docket Number: 06-15-00163-CR
Court Abbreviation: Tex. Crim. App.