Christopher William Mann v. State
06-15-00163-CR
Tex. Crim. App.Nov 6, 2015Background
- 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 guilt | Motion and capias were filed timely; court has subject-matter and personal jurisdiction | Mann 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 violations | Motion to adjudicate sufficiently and clearly alleged violations; no timely objection below | Mann did not preserve a challenge to the motion’s adequacy | Motion provided constitutionally adequate notice; no preserved error |
| Sufficiency of evidence to revoke/adjudicate | A plea of "true" is sufficient to support revocation/adjudication; State need only prove by preponderance | Mann later recanted guilty plea and denied commission at sentencing | Plea of "true" alone supports adjudication; evidence legally sufficient to proceed |
| Sentence within statutory range & ineffective assistance | Court could impose any statutory sentence upon adjudication; counsel’s representation was reasonable strategy | Mann complained about sentence exceeding prosecutor’s recommendation and criticized counsel | Sentence (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)
