John Edward Britt v. the State of Texas
07-20-00106-CR
| Tex. App. | Jul 8, 2021Background
- John Edward Britt was charged with aggravated robbery enhanced by a prior felony conviction.
- A jury found Britt guilty; after a brief punishment hearing the trial court found the enhancement allegation true.
- Britt was sentenced to 20 years’ confinement in the Texas Department of Criminal Justice.
- Appellate counsel filed a motion to withdraw supported by an Anders brief, concluding the appeal was frivolous.
- Counsel and the court notified Britt of his right to file a pro se response; Britt filed a response which the court considered.
- The court conducted an independent review of the record, found no non-frivolous appellate issues, granted counsel’s motion to withdraw, and affirmed the trial court’s judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of counsel's motion to withdraw under Anders | Britt (in pro se response) asserted there were issues to review | Counsel contended the appeal is frivolous and sought to withdraw; State did not file a brief | Court held counsel complied with Anders/Schulman requirements, granted withdrawal |
| Whether any preserved, non-frivolous appellate issues exist | Britt raised complaints in his pro se response claiming error | Counsel and the State (silent) maintained no reversible error in the record | Court independently reviewed the record (per Penson/Schulman) and found no non-frivolous issues; affirmed conviction and sentence |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (authorizes counsel to withdraw if appeal is frivolous and requires explanation to appellant)
- Penson v. Ohio, 488 U.S. 75 (1988) (appellate courts must independently examine the record when counsel withdraws)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (Texas guidance on Anders procedures and appellate-review obligations)
- Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014) (details appointed counsel's duties when filing an Anders brief)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (requires counsel to discuss why the record shows no reversible error)
- Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969) (supports independent appellate review when counsel seeks to withdraw)