Courtney Washington v. the State of Texas
10-21-00014-CR
| Tex. App. | Mar 16, 2022Background
- Appellant Courtney Washington was placed on three years’ deferred adjudication after pleading guilty to assault-family violence (Count One) and evading arrest/detention (Count Two).
- The State filed motions to adjudicate; at the adjudication hearing Washington pleaded “true” to 10 of 11 allegations on Count One and 5 of 6 allegations on Count Two.
- The trial court adjudicated guilt and sentenced Washington to five years in TDCJ on Count One and 24 months in a state jail on Count Two, to be served concurrently; the written judgments each included a $750 fine.
- Appointed counsel filed an Anders motion to withdraw and an Anders brief asserting the appeal was frivolous; Washington did not file a pro se response.
- Counsel raised a sentencing error: the $750 fines in the written judgments were not orally pronounced at sentencing; the State declined to file a responsive brief but acknowledged the issue was determinable from the record.
- The court reviewed the record, deleted the $750 fines from each judgment, affirmed the judgments as modified, and denied counsel’s motion to withdraw as moot.
Issues
| Issue | Appellant's Argument | State's Argument | Held |
|---|---|---|---|
| Adequacy of Anders motion and required appellate review | Counsel asserted the appeal is frivolous after review and moved to withdraw | State did not oppose and submitted no responsive brief | Court undertook independent Anders review and addressed raised issue; treated brief as a merits brief because it challenged punishment |
| Whether appellate court must perform full examination before allowing withdrawal | Counsel maintained frivolous appeal; no pro se response from Washington | State silent on withdrawal issue | Court followed Anders/Stafford/Penson requirements and performed full examination before disposition |
| Whether $750 fines must be deleted because not orally pronounced | Washington argued fines were not orally pronounced at adjudication and oral pronouncement controls written judgment | State acknowledged the issue was determinable from the record and did not contest deletion | Court modified each judgment to delete the $750 fine and affirmed as modified |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (establishes counsel’s duty to notify court/client and appellate independent review when seeking to withdraw on frivolous-appeal grounds)
- Penson v. Ohio, 488 U.S. 75 (1988) (appellate court must examine the case on the merits before permitting counsel to withdraw)
- McCoy v. Court of Appeals, 486 U.S. 429 (1988) (defines frivolous appeal as lacking any basis in law or fact)
- Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (applies Anders review requirements in Texas)
- Taylor v. State, 131 S.W.3d 497 (Tex. Crim. App. 2004) (oral pronouncement of sentence in defendant’s presence controls written judgment; special rules for deferred adjudication)
- Bigley v. State, 865 S.W.2d 26 (Tex. Crim. App. 1993) (appellate courts may correct trial judgments when record supports the correction)
- Freeman v. State, 554 S.W.3d 816 (Tex. App.—Waco 2018) (reiterates that deferred-adjudication defendants are not sentenced until adjudication and sentencing must be orally pronounced)