in the Matter of D.J.
02-20-00386-CV
| Tex. App. | Jun 24, 2021Background:
- D.J., who committed the offenses less than one month before his 17th birthday, was adjudicated delinquent for aggravated robbery (he pointed a firearm while a co-actor shot at the victim) and for unauthorized use of a motor vehicle and evading in a high-speed chase.
- The trial court assessed an eight-year determinate juvenile sentence; D.J. turned 18 while in Texas Juvenile Justice Department (TJJD) custody.
- Before D.J.'s 19th birthday, TJJD asked the trial court to hold a hearing under the Family Code to decide whether to transfer D.J. to Texas Department of Criminal Justice–Institutional Division (TDCJ) to complete his determinate sentence or release him on TDCJ parole; the trial court ordered transfer to TDCJ.
- Appellate counsel filed an Anders brief and a motion to withdraw, stating after review he found no nonfrivolous grounds for reversal and provided D.J. a copy and notice of his rights; D.J. did not file a pro se response.
- This court performed the required independent review of the record, agreed the appeal was frivolous, affirmed the trial court’s transfer order, and granted counsel’s motion to withdraw.
- The court noted counsel must give correct information to the client about how to seek further review (the opinion referenced a mistaken citation in counsel’s letter).
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in ordering transfer from TJJD to TDCJ to complete D.J.’s determinate sentence | No nonfrivolous challenge identified to the transfer decision | Transfer under the Family Code was proper and supported by the record | Transfer affirmed; no arguable appellate issue found |
| Whether appellate counsel properly followed Anders and may withdraw | D.J. filed no pro se complaints; no specific challenge to counsel’s procedure | Counsel complied with Anders requirements by filing brief, notifying client, and seeking withdrawal | Court conducted independent review, found appeal frivolous, granted withdrawal, and admonished counsel to provide correct information about further review |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (establishes procedure for counsel to withdraw when appeal is frivolous)
- In re D.A.S., 973 S.W.2d 296 (Tex. 1998) (applies Anders procedure to juvenile proceedings)
- Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (appellate court must independently review record when counsel seeks to withdraw)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (absence of arguable appellate issues supports finding appeal frivolous)
- Ex parte Owens, 206 S.W.3d 670 (Tex. Crim. App. 2006) (context noted regarding counsel's duty to advise client about review options)