Donald Ray Lewis v. State
01-16-00261-CR
| Tex. App. | Mar 21, 2017Background
- Donald Ray Lewis was convicted by a jury of aggravated assault of a family member and sentenced to 35 years’ imprisonment.
- Lewis filed a timely appeal to the First Court of Appeals (Harris County).
- Appointed appellate counsel filed an Anders brief and a motion to withdraw, concluding the record contained no reversible error and the appeal was frivolous.
- Counsel notified Lewis of his right to access the record and to file a pro se response; Lewis did not file any response or request an extension.
- The court independently reviewed the entire appellate record and found no arguable grounds for appeal.
- The court affirmed the trial-court judgment, granted counsel’s motion to withdraw, ordered counsel to notify Lewis of the result, and dismissed any pending motions as moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel complied with Anders procedural requirements and may withdraw | Lewis (through no pro se filing) did not advance arguments; implicit challenge absent | Counsel asserted he reviewed record, found no meritorious issues, provided Anders brief and notice to Lewis | Court held counsel complied with Anders and related Texas requirements and granted withdrawal |
| Whether the appeal presents arguable grounds for reversal | Lewis did not identify errors in record | Appellate counsel argued no reversible error; court performed independent review | Court held no reversible error or arguable grounds; appeal is frivolous and judgment affirmed |
| Whether appellant may pursue further review | Not argued in record | Counsel advised Lewis of right to discretionary review; court noted appellate remedies | Court noted Lewis may file a petition for discretionary review to the Texas Court of Criminal Appeals |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (requirement for counsel to brief potential frivolous appeals before withdrawing)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (counsel’s professional evaluation standards on appeal)
- Mitchell v. State, 193 S.W.3d 153 (Tex. App.—Houston [1st Dist.] 2006) (counsel must review record and identify issues or move to withdraw under Anders)
- Garner v. State, 300 S.W.3d 763 (Tex. Crim. App. 2009) (reviewing court must independently determine whether arguable grounds exist)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (defendant may challenge court’s finding of no arguable grounds via discretionary review)
- Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997) (counsel’s continuing duty to notify appellant of appellate outcome and availability of further review)