Elijah Brown v. State, 12-14-00366-CR

Elijah Brown was placed on five-year deferred-adjudication probation in two Trinity County burglary-of-a-habitation cases (cause Nos. 10078-A and 10161-A) on April 15, 2014.
The State filed Motions to Adjudicate on August 12, 2014 alleging eight probation violations across the cases.
Brown pleaded "not true" to the allegations on September 30, 2014; following a hearing the trial court adjudicated guilt and sentenced him to 12 years' confinement in each case, to run concurrently, on October 30, 2014.
John D. Reeves was appointed as appellate counsel on September 30, 2014 and timely filed a notice of appeal (mailed Oct. 30, filed Nov. 4, 2014); the clerk's record was received Dec. 30, 2014.
On March 2, 2015, appellate counsel filed an Anders brief asserting he found no non-frivolous issues to raise on appeal and moved to withdraw, having provided the appellant with a copy of the brief and notice of his rights to file a pro se brief.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether appellate counsel may withdraw under Anders after concluding no arguable appellate issues exist	Brown (through counsel) contends counsel found no non-frivolous issues and requests leave to withdraw under Anders and controlling Texas authority	The State's position is not stated in the motion; record shows the State prosecuted adjudication and sentencing but no opposition to withdrawal is included	Appellate counsel filed an Anders motion to withdraw asserting no arguable grounds; the record in this filing does not include the court's ruling on the motion

Anders v. California, 386 U.S. 738 (U.S. 1967) (procedural requirements when appointed counsel seeks to withdraw for lack of arguable appeal)
Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969) (Texas precedent addressing counsel withdrawal where no meritorious grounds exist)
Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (procedural standards for appellate counsel’s Anders brief in Texas)