Pamela Coan v. State
10-16-00211-CR
| Tex. App. | Feb 8, 2017Background
- Pamela Coan pleaded guilty to driving while intoxicated with a child passenger (state-jail felony); sentence of 2 years in state jail with $1,000 fine was suspended and she received 3 years community supervision.
- The State moved to revoke community supervision alleging multiple violations; Coan pleaded “true” to the revocation allegations without a plea agreement.
- The trial court accepted the pleas, revoked supervision, and imposed an 18-month confinement sentence with no fine.
- Appellate counsel filed an Anders brief and motion to withdraw, concluding there were no arguable grounds for appeal and following Texas procedures for Anders submissions.
- The court conducted an independent review of the record, found no reversible error, affirmed the trial court’s judgment, and granted counsel’s motion to withdraw.
- Counsel was ordered to send Coan a copy of the opinion, advise her of her right to file a petition for discretionary review, and no substitute counsel will be appointed for PDR.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of guilty plea and suspension followed by revocation | Coan implicitly accepted guilt originally; no challenge advanced on appeal | State argues plea and revocation proceedings were proper | Court found no arguable reversible error; affirmed conviction and revocation |
| Sufficiency of record to support revocation plea | Coan did not present a pro se response identifying issues | State contends record supports revocation and Coan had access to record | Court concluded record and plea support revocation; no meritorious issue identified |
| Adequacy of Anders brief | Counsel asserts he reviewed record, identified no arguable issues, served Coan, and followed Anders/High procedures | State did not dispute adequacy; relied on appellate procedures | Court found Anders brief met requirements and performed independent review, finding the appeal frivolous |
| Counsel’s motion to withdraw | Counsel sought withdrawal after filing Anders brief | State did not oppose withdrawal | Court granted motion to withdraw and directed counsel to notify Coan re: discretionary review rights |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedure for appointed counsel to withdraw when appeal is frivolous)
- Penson v. Ohio, 488 U.S. 75 (U.S. 1988) (appellate court must independently review the record after an Anders brief)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (Texas guidance on content and procedure for Anders briefs)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (procedural requirements for counsel notifying court when no reversible error is found)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (appellate review duties when counsel files Anders brief)
- Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (requirements for Anders brief and withdrawal procedure)
- Ex parte Owens, 206 S.W.3d 670 (Tex. Crim. App. 2006) (requirements and consequences when counsel withdraws post-Anders)
- Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014) (access to the record and assurance of appellant’s opportunity to file pro se response)