Ricky Don Hayworth v. State
02-16-00004-CR
| Tex. App. | Sep 29, 2016Background
- Hayworth pleaded guilty (plea bargain) to assault causing bodily injury to a family member, enhanced to a second-degree felony; trial court placed him on 8 years deferred-adjudication community supervision and fined $1,500 (Mar. 25, 2014).
- Conditions of supervision included no criminal offenses and no alcohol use; court later added 4 days jail, weekly urinalysis, and weekly AA meetings (Aug. 14, 2014).
- State filed motion to adjudicate guilt alleging violations: DWI, fleeing in a vehicle, resisting arrest with force, and alcohol consumption (Nov. 23, 2015).
- At the adjudication hearing Hayworth pleaded true to all allegations; State abandoned the DWI allegation, but Hayworth still admitted the remaining violations.
- Trial court adjudicated guilt and sentenced Hayworth to 18 years’ confinement; Hayworth timely appealed.
- Appellate counsel filed an Anders motion to withdraw, asserting no non-frivolous issues; the court conducted an independent review and affirmed, granting counsel’s motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether admissible record supports adjudication after plea-admissions to supervision violations | State: Hayworth admitted violations; adjudication and sentence appropriate | Hayworth: (through Anders) no viable appellate issues to overturn adjudication or sentence | Court: Affirmed adjudication and sentence — record contains no arguable grounds for relief |
| Whether counsel may withdraw under Anders when appeal is frivolous | State/Record: Counsel complied with Anders; independent review required | Hayworth: pro‑se response raised no reversible issues | Court: Granted counsel’s motion to withdraw after independent review |
| Whether the trial court erred in sentencing within statutory range for enhanced offense | State: Sentence within second‑degree felony range and authorized after adjudication | Hayworth: no meritorious challenge presented | Court: Sentence (18 years) affirmed as lawful |
| Whether record reflects procedural or reversible error in adjudication hearing | State: Hearing complied with procedures; plea admissions established violations | Hayworth: no arguable procedural error identified | Court: Found no procedural or reversible error |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedure for counsel to withdraw when appeal is frivolous)
- Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (appellate court’s duty to independently review record after Anders brief)
- Mays v. State, 904 S.W.2d 920 (Tex. App.—Fort Worth 1995) (application of independent review following Anders)
- United States v. Wagner, 158 F.3d 901 (5th Cir. 1998) (consider Anders brief and pro se response in appellate review)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (standards for appellate review when counsel files Anders brief)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (finding appeal frivolous when record yields no arguable grounds)
- Meza v. State, 206 S.W.3d 684 (Tex. Crim. App. 2006) (same)