Background

• Appellant Darrian DeWayne Johnson, Jr. was indicted May 28, 2013 for Possession of a Controlled Substance, a state jail felony (Health & Safety Code §481.102(3)(D); §481.115).
• Appellant waived arraignment in September 2013 and entered a written plea agreement on January 16, 2014; the trial court accepted the plea and deferred adjudication.
• On July 9, 2014 the State moved to Adjudicate; after appointment of counsel, a hearing occurred January 8, 2015, at which Appellant pled TRUE to most allegations.
• The Judgment adjudicating guilt imposed two years of confinement in a State Jail Facility, to run consecutive with a companion case (Cause No. 19099).
• Appellant filed a pro se Notice of Appeal in January 2015 and appellate counsel then filed an Anders brief seeking to withdraw; the Clerk’s Record and Reporter’s Record were timely filed.
• The Anders brief concludes there are no non-frivolous grounds for appeal and moves for withdrawal under Anders v. California.

Issues

Key Cases Cited

• Anders v. California, 386 U.S. 738 (1967) (duty to withdraw when appeal is frivolous; must review record and law)
• McCoy v. Court of Appeals, 486 U.S. 429 (1988) (counsel's duty to identify non-frivolous arguments)
• Neal v. State, 256 S.W.3d 264 (Tex. Crim. App. 2008) (preservation and briefing requirements for Anders)
• Cole v. State, 578 S.W.2d 127 (Tex. Crim. App. 1979) (plea alone can support revocation of probation)
• Menefee v. State, 287 S.W.3d 9 (Tex. Crim. App. 2009) (trial error where evidence insufficient to support guilty plea)
• Eastep v. State, 941 S.W.2d 130 (Tex. Crim. App. 1997) (notice and charging instrument must state elements)
• Hernandez v. State, 726 S.W.2d 53 (Tex. Crim. App. 1986) (ineffective assistance standard—Strickland)
• Butler v. State, 716 S.W.2d 48 (Tex. Crim. App. 1986) (duty of counsel to investigate and present defense)