Jeffery Lynn Ingison v. State
12-16-00146-CR
Tex. App.Aug 9, 2017Background
- Jeffery Lynn Ingison pleaded guilty to an indictment charging him with repeatedly violating a court order (felony repeated violation).
- The case proceeded to a bench trial solely on punishment; the trial court found him guilty and sentenced him to 10 years' imprisonment.
- Appellant’s counsel filed an Anders/Gainous brief concluding the record contained no reversible error and moved to withdraw.
- Ingison filed a pro se brief raising ineffective assistance, defective indictment/insufficient notice, lack of notice that the conduct was a felony, denial of a copy of the judgment, and denial of bond.
- The Court of Appeals reviewed the record, found no reversible error, granted counsel’s motion to withdraw, and affirmed the trial court’s judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel | Ingison: counsel provided ineffective assistance at trial and on appeal. | State: record does not show ineffective assistance; Anders counsel found no arguable issues. | Court found no reversible error; ineffective-assistance claim not sustained. |
| Defective indictment / insufficient notice | Ingison: indictment was erroneous/defective and prosecutor failed to give sufficient notice of charges. | State: indictment and notice were sufficient; no reversible error in record. | Court found no reversible error; indictment/notice challenge rejected. |
| Notice that repeated offense is a felony | Ingison: he was not properly informed that two violations within 12 months constituted a felony. | State: record does not support reversible error as to notice of felony nature. | Court found no reversible error; claim rejected. |
| Denial of copy of judgment / civil-rights violation | Ingison: he never received a copy of the judgment, violating his rights. | State: procedural record does not show reversible error from alleged lack of judgment copy. | Court found no reversible error; claim rejected. |
| Denial of bond | Ingison: he was denied bond. | State: record does not show reversible error regarding bond. | Court found no reversible error; claim rejected. |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (standards for appointed counsel to withdraw when appeal is frivolous)
- Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969) (Texas authority applied with Anders procedure)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. Panel Op.) (procedural guidance on appellate counsel withdrawal)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (standard for reviewing records for reversible error)
- Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (requirements when counsel moves to withdraw on appeal)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (procedures and duties of appellate counsel when filing Anders brief)
- Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014) (counsel must provide defendant copy of brief and facilitate review of appellate record)