Darrian DewayneJohnson, Jr. v. State
12-15-00099-CR
| Tex. App. | Jul 20, 2016Background
- Appellant Darrian DeWayne Johnson Jr. pleaded guilty to possession of cocaine (less than one gram); the court deferred adjudication and placed him on four years' community supervision.
- The State later filed a motion to adjudicate, alleging multiple supervision violations; the State abandoned one paragraph and Johnson pleaded true to some allegations and not true to others.
- After a hearing the trial court found the alleged violations true, granted the motion to adjudicate, adjudicated guilt for possession of a controlled substance (one gram or less), and sentenced Johnson to two years in state jail.
- Counsel filed an Anders/Gainous brief on appeal, stating no arguable grounds for reversal and seeking leave to withdraw.
- The Court of Appeals reviewed the record for reversible error, found none, granted counsel’s motion to withdraw, and affirmed the trial court’s judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether adjudication and sentence following deferred adjudication were erroneous | State argued violations supported adjudication | Johnson implicitly challenged findings via appeal (no specific arguable issues raised) | Court found no reversible error; adjudication and sentence affirmed |
| Sufficiency of the record to support adjudication | State relied on hearing evidence and stipulation/confession | Johnson had pleaded not true to several violations but record supported court’s findings | Court concluded evidence supported adjudication |
| Whether appellate counsel complied with Anders procedure | State/counsel asserted Anders brief showed no arguable issues | Johnson did not file a pro se brief despite being given opportunity | Court found counsel complied with Anders/Gainous and reviewed record for error |
| Whether counsel should be allowed to withdraw | Counsel moved to withdraw after filing Anders brief | Johnson could retain counsel or file PDR pro se | Court granted counsel leave to withdraw and affirmed judgment |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (procedure when counsel concludes appeal is frivolous)
- Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969) (Texas practice following Anders)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (requirements when counsel seeks to withdraw on appeal)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (appellate review for reversible error when counsel files Anders brief)