Randi Greer Franks v. the State of Texas
08-24-00374-CR
Tex. App.Apr 4, 2025Background
- Randi Greer Franks was convicted of felony DWI (third or more) in Williamson County, Texas, and placed on community supervision (probation) for three years with various conditions, including no further criminal activity, abstaining from alcohol, and using an alcohol-monitoring device.
- The State moved to revoke Franks’s probation, alleging multiple violations, including a new DWI arrest, alcohol use, failing to report, failing to perform required community service, and not maintaining proper alcohol monitoring.
- At the revocation hearing, the State presented evidence (including BAC test results and testimony from police and probation officers) supporting these violations; Franks admitted to some violations and disputed others.
- The trial court found that Franks violated all conditions alleged by the State and sentenced her to six years’ imprisonment.
- Franks’s appellate counsel filed an Anders brief, asserting there were no non-frivolous grounds for appeal, and moved to withdraw as counsel.
- The Court of Appeals conducted its own review, found the appeal frivolous, granted counsel’s motion to withdraw, and affirmed the trial court judgment.
Issues
| Issue | Franks’s Argument | State’s Argument | Held |
|---|---|---|---|
| Revocation of probation proper? | Violations were misunderstandings or not intentional; contested some violations | Violations were supported by evidence/testimony | Revocation supported; sentence affirmed |
| Counsel’s Anders brief sufficient? | N/A | Brief is sufficient | Anders brief sufficient; counsel may withdraw |
| Frivolous grounds for appeal? | N/A | No arguable grounds | Appeal is frivolous |
| Right to further review? | May file pro se or retained appeal | N/A | May seek review in higher court |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (permits counsel to withdraw when no non-frivolous grounds for appeal exist)
- Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969) (establishes procedure for Anders brief in Texas)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (appellate court’s duty to independently review record in Anders case)
- Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014) (appellate counsel must meet notice and withdrawal duties in Anders case)