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James Joshua Griffin v. the State of Texas
04-22-00729-CR
Tex. App.
Dec 4, 2024
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Background

  • James Joshua Griffin was indicted for indecency with a child by contact and exposure in Bexar County, Texas.
  • Griffin entered into a plea bargain, pleading no contest to the lesser charge of intentionally and knowingly causing injury to a child.
  • The court accepted the plea, deferred a finding of guilt, imposed a 10-year community supervision term, 100 hours of community service, and a $1,000 fine.
  • Griffin’s plea agreement required him to complete sex offender treatment and be supervised by the Sex Offender Management Team.
  • Griffin’s right to appeal was limited to adverse rulings on pretrial written motions that were not withdrawn or waived.
  • On appeal, Griffin’s court-appointed attorney filed an Anders brief, asserting the appeal was frivolous, and requested to withdraw; Griffin did file a pro se brief.

Issues

Issue Griffin's Argument State's Argument Held
Whether there are meritorious grounds Raises arguments in pro se brief No arguable grounds for appeal exist No arguable grounds; appeal frivolous
Attorney withdrawal under Anders standard Opposes withdrawal of counsel Anders requirements met for withdrawal Withdrawal of counsel granted
Right to further review Preserves right to further discretionary review N/A Must file PDR with CCA, if desired
Adequacy of appellate process followed Implicit challenge in pro se brief Compliance with Anders & Kelly v. State All procedures correctly followed

Key Cases Cited

  • Anders v. California, 386 U.S. 738 (standard for counsel withdrawal in frivolous appeals)
  • High v. State, 573 S.W.2d 807 (Texas application of Anders brief procedure)
  • Bledsoe v. State, 178 S.W.3d 824 (duty to independently review record for non-frivolous issues)
  • Nichols v. State, 954 S.W.2d 83 (standards for reviewing Anders briefs in Texas appellate courts)
  • Bruns v. State, 924 S.W.2d 176 (court procedure for granting counsel withdrawal in Anders appeals)
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Case Details

Case Name: James Joshua Griffin v. the State of Texas
Court Name: Court of Appeals of Texas
Date Published: Dec 4, 2024
Docket Number: 04-22-00729-CR
Court Abbreviation: Tex. App.