Jeffery Jones v. State, 13-16-00530-CR

In March 2016 Jeffery Jones pleaded nolo contendere to possession of methamphetamine (<1 gram); the trial court deferred adjudication and placed him on five years’ community supervision.
In July 2016 the State filed an amended application to proceed to final adjudication alleging multiple supervision violations, including possession of methamphetamine and drug paraphernalia.
At the August 16, 2016 revocation hearing Jones pleaded "not true;" the court heard testimony from law enforcement, found several allegations true, revoked supervision, adjudicated guilt, and sentenced Jones to 24 months in state jail and a $750 fine.
On appeal, appointed counsel filed an Anders brief and a motion to withdraw, asserting no non-frivolous issues and complying with procedural requirements (including notifying Jones and providing the record).
The Court of Appeals independently reviewed the record under Anders/Penson and Kelly and found no reversible error; it affirmed the trial court’s judgment and granted counsel’s motion to withdraw.
The court ordered counsel to send Jones the opinion and judgment and advise him of his right to seek discretionary review (no substitute counsel appointed).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel’s Anders brief and motion to withdraw comply with procedural standards	Anders brief shows no non-frivolous issues and complies with Kelly/Schulman; counsel complied with notification and record-provision duties	The State does not contest adequacy; case proceeds on independent review	Court found counsel’s Anders brief and motion adequate and granted withdrawal
Whether an independent review shows reversible error in adjudication/revocation	Jones (through counsel) identified no arguable appellate issues	State argues evidence supported revocation and adjudication	Court’s independent review found no reversible error; affirmed judgment
Whether appellant was given required notices and opportunity to respond pro se	Counsel notified Jones of Anders procedures and provided records; appellant had opportunity to file pro se response	State maintains procedural requirements were met	Court held procedural notice and opportunity satisfied; no pro se response filed
Whether further post-opinion assistance or appointment of counsel is required	Jones may seek discretionary review; counsel must advise him and provide opinion/records	State: no substitute counsel required; appellant must retain counsel or proceed pro se for PDR	Court ordered counsel to deliver opinion and advise PDR rights; denied appointment of substitute counsel

Anders v. California, 386 U.S. 738 (1967) (establishes procedure when appointed counsel finds appeal frivolous)
Penson v. Ohio, 488 U.S. 75 (1988) (requires appellate court to conduct independent review when counsel files an Anders brief)
In re Schulman, 252 S.W.3d 403 (Tex. Crim. App.) (2008) (Texas guidance on content and procedure for Anders briefs)
Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App.) (2014) (clarifies appellate counsel duties and admonitions under Anders in Texas)
Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App.) (addressing appellate review duties when Anders brief filed)
Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App.) (procedural standards for Anders-type filings)