Donna Jane Powell v. the State of Texas
06-24-00179-CR
Tex. App.May 30, 2025Background
- Donna Jane Powell pled guilty to possession of 1–4 grams of methamphetamine with intent to deliver and entered a plea bargain for deferred adjudication community supervision and a $500 fine.
- Her community supervision required monthly reporting, 240 hours of community service, and completion of outpatient treatment.
- The State filed a motion to proceed to adjudication based on Powell’s failure to comply with the supervision conditions and pay fees.
- Powell pled true to all alleged violations; the trial court revoked her community supervision, adjudicated her guilty, and sentenced her to 10 years’ imprisonment.
- Powell’s appellate counsel filed an Anders brief, asserting no nonfrivolous grounds for appeal and moved to withdraw.
- Powell was notified of her right to file a pro se response but did not do so; the appellate court independently reviewed the record and found the appeal wholly frivolous.
Issues
| Issue | Powell's Argument | State's Argument | Held |
|---|---|---|---|
| Whether any nonfrivolous issues could be raised on appeal following revocation and adjudication of guilt | No pro se argument filed; counsel asserts none | Argues revocation proper based on admissions | No arguable issue; conviction affirmed |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (establishes procedure for appellate counsel to withdraw if no nonfrivolous grounds are present for appeal)
- Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (addresses appellate procedure compliance under Anders)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (outlines requirements for withdrawal under Anders in Texas)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (discusses appellate court’s obligations upon receipt of an Anders brief)