Desiree Chumbley v. State
12-15-00103-CR
| Tex. | Jan 11, 2017Background
- Desiree Chumbley was charged with burglary of a habitation with a prior felony enhancement; he pleaded not guilty to the offense and true to the enhancement.
- A jury found Chumbley guilty and assessed punishment at 60 years' imprisonment.
- Appellate counsel filed an Anders/Gainous brief concluding the appeal was frivolous after reviewing the record and provided Chumbley a copy.
- The court conducted an independent review of the record and found no reversible error.
- The court granted counsel’s motion to withdraw under Anders/In re Schulman procedures and affirmed the trial court’s judgment.
- The opinion instructs counsel to notify Chumbley of the opinion and his right to file a petition for discretionary review and explains the 30‑day filing deadline and procedural requirements for such a petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal presents reversible error | Chumbley (through counsel) had no arguable grounds; no reversible error asserted | State argued the record contains no reversible error | Court held no reversible error; appeal frivolous |
| Whether appellate counsel complied with Anders procedure | Counsel filed an Anders/Gainous brief, provided procedural history, evaluated record, and furnished copy to Chumbley | State supported counsel’s compliance | Court held counsel complied and permitted withdrawal |
| Whether independent review required and performed | Chumbley relied on counsel’s filing; no pro se brief was filed | State relied on appellate court to perform independent review | Court performed independent review and found no errors |
| Post‑appeal relief and notice requirements | Chumbley retains right to file PDR pro se or with retained counsel | State noted appellate deadlines and rule requirements | Court affirmed judgment and instructed counsel to notify Chumbley of PDR rights and deadlines |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (establishes counsel's duty to file a brief stating possible arguable grounds when seeking to withdraw)
- Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969) (Texas precedent on Anders procedure)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App.) (procedural guidance for Anders filings)
- Penson v. Ohio, 488 U.S. 75 (independent review requirement when counsel files Anders brief)
- Bledsoe v. State, 178 S.W.3d 824 (Texas case discussing appellate independent review)
- Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (requirements when counsel moves to withdraw)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (modern Texas guidance on Anders procedure and counsel notification)