Nathan Coby v. State
06-16-00049-CR
| Tex. App. | Dec 16, 2016Background
- Nathan Coby pled guilty to burglary of a habitation and received ten years’ deferred adjudication community supervision.
- The State filed a motion to adjudicate alleging seven violations of Coby’s community-supervision conditions.
- Coby pled true to the alleged violations.
- After evidence was presented, the trial court adjudicated Coby guilty and sentenced him to eight years’ imprisonment.
- Appellate counsel filed an Anders brief concluding there were no nonfrivolous issues, moved to withdraw, provided the record to Coby, and no pro se response was filed.
- The Sixth Court of Appeals independently reviewed the record, determined the appeal was frivolous, affirmed the judgment, and granted counsel’s motion to withdraw; no substitute counsel was appointed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the adjudication and resulting eight-year sentence was improper after Coby pled true to violations | State: Trial court properly adjudicated guilt and imposed sentence based on plea and presented evidence | Coby: (no appellate complaint preserved; no pro se grounds raised) | Court: Affirmed adjudication and sentence—no reversible error found |
| Whether appellate counsel properly sought to withdraw under Anders | State: Anders procedure was satisfied (brief explaining why no arguable issues) | Coby: did not oppose or file response | Court: Found Anders requirements met and granted withdrawal |
| Whether an independent review finds any nonfrivolous issue | State: Record supports denial of relief; no arguable appellate issue | Coby: no argument presented | Court: Independently reviewed record and concluded appeal is wholly frivolous; affirmed |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (procedure allowing counsel to withdraw if appeal is frivolous with brief explaining why)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (standards for Anders-type appellate briefing in Texas)
- Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (procedural guidance on appointed counsel and appellate review)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (addressing appointed counsel’s duties on appeal)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (court’s obligation to perform independent review when counsel seeks to withdraw under Anders)