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Jefferson, Marcus Lee
PD-1121-14
| Tex. App. | Apr 2, 2015
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Background

  • 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)
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Case Details

Case Name: Jefferson, Marcus Lee
Court Name: Court of Appeals of Texas
Date Published: Apr 2, 2015
Docket Number: PD-1121-14
Court Abbreviation: Tex. App.