Background

• Clark pled guilty to aggravated assault with a deadly weapon and received deferred adjudication community supervision for ten years in 2010.
• In 2013 the State moved to adjudicate guilt and revoke supervision for alleged violations, followed by amended motions alleging additional violations.
• At the October 30, 2014 hearing Clark pled true to all violations under a plea bargain with a ten-year imprisonment cap.
• The trial court adjudicated guilt, revoked supervision, and sentenced Clark to ten years’ imprisonment plus a $500 fine and $398 in costs at a December 18, 2014 punishment hearing.
• Clark’s court-appointed counsel filed an Anders brief and motion to withdraw, concluding the appeal was frivolous; Clark did not file a pro se brief.
• The appellate court agreed the appeal was frivolous, affirmed the trial court’s judgment, and granted counsel’s withdrawal

Issues

Key Cases Cited

• Anders v. California, 386 U.S. 738 (1967) (establishes requirements for Anders brief in criminal appeals)
• Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (reviewer may affirm on non-merits grounds when appeal frivolous)
• Nichols v. State, 954 S.W.2d 83 (Tex. App.—San Antonio 1997, no pet.) (standard for Anders-based withdrawal and non-merits review)
• Bruns v. State, 924 S.W.2d 176 (Tex. App.—San Antonio 1996, no pet.) (accepts Anders brief and confirms no reversible error when frivolous)
• Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014) (informs procedure for notifying defendant of rights in Anders)