Roger Wildern Jackson v. State
12-15-00221-CR
| Tex. App. | Nov 4, 2015Background
- Roger Wildern Jackson pled guilty to a third-degree felony for failing to register as a sex offender and was placed on five years community supervision.
- The State later filed an application alleging multiple probation violations (failure to report, moving without notice, missed community service, failure to attend counseling, failure to register, unpaid fees, etc.).
- At the revocation hearing Jackson pleaded "not true" to the allegations and introduced medical records claiming hospitalization on some alleged violation dates.
- The trial court found several allegations true (not all), revoked community supervision, and sentenced Jackson to five years’ confinement; notice of appeal was timely filed.
- Appellate counsel reviewed the record under Anders v. California, concluded no nonfrivolous issues for appeal, and moved to withdraw while providing Jackson the opportunity to file a pro se brief.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Jackson) | Held |
|---|---|---|---|
| Sufficiency of evidence to revoke probation | Evidence proved multiple violations by preponderance; proof of one violation suffices to revoke | Medical records and testimony show excuses for some failures and lack of proof for others | Court: revocation was within trial court’s discretion; record supports at least some true findings, so revocation upheld |
| Sentence within statutory range | Five-year sentence for a third-degree felony is lawful | Sentence claim not preserved at sentencing; if considered, still within statutory range | Held: sentence (5 years) is within statutory punishment for third-degree felony and not cruel/unusual |
| Ineffective assistance of counsel | N/A (State defends proceeding) | Counsel’s performance allegedly deficient at revocation hearing | Held: record shows no nonfrivolous basis to claim ineffective assistance on direct appeal; Strickland standard not met on this record |
| Appellate counsel’s Anders brief/motion to withdraw | N/A | Appellate counsel must identify nonfrivolous issues or move to withdraw under Anders | Held: counsel complied with Anders by reviewing record, summarizing potential issues, serving defendant, and moving to withdraw; no arguable issues identified |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedures for appointed counsel who believes appeal is frivolous)
- Rickels v. State, 202 S.W.3d 759 (Tex. Crim. App. 2006) (standard: revocation of community supervision reviewed for abuse of discretion; State must prove violation by preponderance)
- Canseco v. State, 199 S.W.3d 437 (Tex. App.—Houston [1st Dist.] 2006) (proof of a single probation violation is sufficient to support revocation)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance of counsel)
- Bowden v. State, 628 S.W.2d 782 (Tex. Crim. App. 1982) (appellate courts will not reweigh credibility findings made by the trial court)