James Joshua Griffin v. the State of Texas
04-22-00729-CR
Tex. App.Dec 4, 2024Background
- 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- Griffin’s right to appeal was limited to adverse rulings on pretrial written motions that were not withdrawn or waived.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)
