MacK Wilson v. State
11-15-00191-CR
| Tex. App. | Dec 10, 2015Background
- Appellant Mack Wilson pleaded guilty to a third-degree felony DWI and received community supervision.
- State moved to revoke Wilson’s community supervision after violations.
- At the revocation hearing Wilson admitted true to all nine allegations; trial court revoked supervision.
- Judgment imposed confinement for eight years and a $1,000 fine.
- Court of Appeals granted Anders briefing; independent review conducted and appeal dismissed.
- Court advised Wilson of discretionary review rights; motion to withdraw granted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether true pleas sustain revocation | Wilson | State | Yes; true plea supports revocation |
| Whether any reversible errors were preserved | Wilson | State | No reversible error found |
| Whether counsel complied with Anders | Wilson | State | Procedural compliance; appeal dismissed |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (framework for reviewing Anders briefs)
- Schulman, In re, 252 S.W.3d 403 (Tex. Crim. App. 2008) (procedures for Anders review in Texas)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (remand when arguable grounds exist)
- Moses v. State, 590 S.W.2d 469 (Tex. Crim. App. [Panel Op.] 1979) (plea of true supports revocation)
- Jordan v. State, 54 S.W.3d 783 (Tex. Crim. App. 2001) (no review of original plea in revocation appeal)
- Traylor v. State, 561 S.W.2d 492 (Tex. Crim. App. [Panel Op.] 1978) (limits on issues in revocation appeals)