Deborah Alford v. State
13-14-00676-CR
| Tex. App. | Mar 12, 2015Background
- Appellant Deborah Alford pled guilty in 2006 to delivery of cocaine (amount <1 gram) and received a 2-year state jail sentence probated for 3 years.
- Her probation was repeatedly extended; the State moved to revoke in October 2014 based on violations including positive urine tests for cocaine.
- At the revocation hearing Alford pled true to at least one violation; the trial court revoked probation and sentenced her to 2 years in state jail (possession/delivery) and 3 years on a separate robbery case, to run concurrently.
- Defense counsel filed an Anders brief on appeal, asserting after review that there are no non-frivolous, colorable appellate issues.
- The brief analyzes potential claims: indictment sufficiency, plea admonishments/competence, proof at plea and revocation, punishment proportionality/credit, and ineffective assistance/fundamental error—and concludes none support reversal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Indictment sufficiency | Indictment must allege statutory elements | Indictment tracks statutory language for delivery of cocaine | Charging instrument is legally sufficient |
| Plea admonishments & competence | Court must substantially comply with art. 26.13 and ensure competence | Alford was properly admonished in writing/orally and stated competence | Substantial compliance shown; plea valid and voluntary |
| Probation revocation proof | Revocation requires preponderance and at least one proven violation | State presented urine tests; Alford pled true to violations | Single proven violation supports revocation; revocation affirmed |
| Punishment proportionality & credits | Sentence must be within statutory range and not cruel/unusual | Sentence (2 years state jail, fine) within statutory range; credits applied; concurrent sentences ordered | No Eighth Amendment violation; sentence within range; no reversible error |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (procedure for counsel to brief frivolous appeals)
- Penson v. Ohio, 488 U.S. 75 (1988) (limits on counsel advocating frivolous claims on appeal)
- Graham v. Florida, 560 U.S. 48 (2010) (proportionality analysis for term-of-years sentences)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance of counsel)
- Dinnery v. State, 592 S.W.2d 343 (Tex. Crim. App. 1979) (judicial confession can support conviction)
- Manuel v. State, 994 S.W.2d 658 (Tex. Crim. App. 1999) (limits on appealing original plea after adjudication on revocation)