Jason Claire Reese v. State
12-14-00363-CR
| Tex. App. | Sep 2, 2015Background
- Indictment in Smith County for burglary of a habitation with a prior felony conviction.
- Appellant Reese pleaded guilty to burglary of a habitation and true to the enhancement without an agreed punishment.
- The trial court ordered a presentence investigation and held a sentencing hearing.
- Trial court found Reese guilty, enhanced the prior conviction true, and sentenced him to ten years’ imprisonment.
- Appeal followed; counsel filed an Anders/Gainous brief asserting no reversible error or jurisdictional defects.
- This Court conducted independent review, found no reversible error, granted leave to withdraw, and affirmed the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Anders compliance preserves issues on appeal | Counsel found no reversible issues. | Independent review confirms no error. | No reversible error; Anders satisfied. |
| Whether any reversible error exists in the record | Record contains no reversible error. | Appellant has no viable issue on appeal. | Record supported the conviction and sentence; no error found. |
| Whether the appeal should be affirmed with counsel permitted to withdraw | Appeal is wholly frivolous. | Counsel seeks withdrawal with no issues to raise. | Appeal affirmed; leave to withdraw granted. |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedural framework for Anders briefs in criminal appeals)
- Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969) (requirements for reviewing Anders brief and potential issues)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (support for procedures following Anders/Gainous)
- Penson v. Ohio, 488 U.S. 75 (U.S. 1988) (plain error standards related to appellate procedure)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (orig. proceeding; withdrawal procedures for counsel)
- Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (en banc considerations for frivolous appeal)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (independent review of record after Anders brief)
