Jefferson, Marcus Lee
PD-1121-14
| Tex. App. | Apr 2, 2015Background
- Jefferson was convicted by jury of misapplication of fiduciary property and engaging in organized criminal activity, receiving 6 years’ confinement and 10 years’ suspended sentence with community supervision and a $5,000 fine.
- Appellate counsel filed an Anders brief asserting no reversible error; Jefferson submitted a pro se response alleging suppression issues and prosecutorial misconduct.
- The Court independently reviewed the record and found no reversible error or arguable grounds for review; the appeal was deemed frivolous.
- Oral argument was waived by both parties.
- The Court affirmed the trial court’s judgment and granted counsel’s motion to withdraw, with notice requirements for the appellant to be met.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prosecutorial misconduct and double jeopardy | Jefferson alleges prosecutorial misconduct and double jeopardy due to false testimony and charging decisions. | State contends there is no reversible error after full review and no arguable issues. | No reversible error; appeal frivolous. |
| Conflict of interest with appellate and trial counsel | Jefferson asserts conflict of interest affecting representation on appeal. | State argues no reversible error arising from counsel conflicts. | No reversible error; Anders procedure upheld. |
| Denial of motions to suppress | Jefferson contends suppression motions were improperly denied. | State maintains rulings were proper after review of the record. | No reversible error; record supports denial. |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (appointed counsel may seek dismissal if no nonfrivolous issues exist)
- Garner v. State, 300 S.W.3d 763 (Tex. Crim. App. 2009) (court must determine whether arguable grounds for review exist)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (same standard for testing arguable grounds and counsel withdrawal)
- Mitchell v. State, 193 S.W.3d 153 (Tex. Crim. App. 2006) (review of entire record to determine reversible error)
