Demondrian McWright v. the State of Texas
01-23-00390-CR
| Tex. App. | Mar 6, 2025Background
- Demondrian McWright was convicted by a jury of murder in Harris County, Texas, and sentenced to 80 years in prison.
- McWright’s appointed appellate counsel filed a motion to withdraw along with an Anders brief, asserting the appeal was frivolous and presented no reversible error.
- Counsel confirmed compliance with Anders requirements and informed McWright of his rights to review the record and respond.
- The appellate court also notified McWright of his rights, provided access to the appellate record, and gave instructions on filing a response.
- McWright did not file a response to the Anders brief submitted by his counsel.
- The Court of Appeals independently reviewed the record, found no arguable grounds for appeal, affirmed the conviction, and granted counsel's motion to withdraw.
Issues
| Issue | McWright's Argument | State's Argument | Held |
|---|---|---|---|
| Whether appeal has any arguable merit | No error found by counsel | Supports appellate finding | No reversible error; appeal is frivolous; conviction affirmed |
| Compliance with Anders procedures | Counsel fulfilled duty | No objection | Procedures followed; notice and opportunity provided |
| Right to respondent's independent review | Not exercised | N/A | Court conducted full independent record review |
| Discretionary review rights post-appeal | N/A | N/A | Appellant may seek further review in Texas Court of Criminal Appeals |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (sets out the procedures for withdrawing when appellate counsel finds no non-frivolous grounds for appeal)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (discusses requirements for Anders briefs)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (reviewing court must independently determine if issues for appeal exist)
- Garner v. State, 300 S.W.3d 763 (Tex. Crim. App. 2009) (role of appellate court in Anders cases)