Jordan Taylor Holland v. the State of Texas
02-20-00052-CR
| Tex. App. | Jul 8, 2021Background
- Jordan Taylor Holland pled guilty without a plea bargain to assault of a family member by impeding breath or circulation (third-degree felony).
- Holland pled true to a prior enhancement, elevating the punishment range to a second-degree felony.
- The trial court accepted the plea after admonishments; a jury heard punishment evidence and found Holland used his hands as a deadly weapon.
- The jury assessed punishment at 15 years’ confinement and a $3,500 fine; the trial court imposed sentence accordingly.
- Appointed appellate counsel filed an Anders brief and motion to withdraw, concluding no nonfrivolous issues exist; Holland did not file a pro se response and the State did not file a brief.
- The Court of Appeals independently reviewed the record, agreed the appeal is frivolous, granted counsel’s motion to withdraw, and affirmed the trial court’s judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether any nonfrivolous appellate issues exist | No nonfrivolous issue identified in Anders brief; appellant filed no pro se issues | State supported conviction and sentence by default (no brief filed) | Court found no arguable grounds; appeal frivolous; affirmed |
| Validity of guilty plea and admonishments | No challenge raised to plea or admonishments | Trial court properly admonished and accepted plea | Court found no arguable defect |
| Validity of enhancement finding, deadly-weapon finding, and punishment | No viable challenge presented | Jury verdict and enhancement allegation supported increased range and sentence | Court found no arguable error in enhancement, deadly-weapon finding, or punishment |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (requires counsel to file brief identifying any nonfrivolous grounds when seeking to withdraw)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (Anders review standards in Texas)
- Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (appellate court must independently review record after Anders brief)
- Penson v. Ohio, 488 U.S. 75 (1988) (appellate-court review required before allowing counsel to withdraw)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (affirming dismissal of frivolous appeals after review)
- Meza v. State, 206 S.W.3d 684 (Tex. Crim. App. 2006) (same)