Ron Fuson v. State
03-14-00656-CR
Tex. App.Oct 22, 2015Background
- Ron Fuson pleaded guilty to failing to register as a sex offender and received a five‑year sentence, with imposition suspended and two years’ community supervision imposed.
- The State moved to revoke supervision, alleging multiple violations including missed reporting, failure to pay fees, failure to complete community service, failure to surrender, and failure to participate in court‑ordered outpatient treatment.
- At the revocation hearing Fuson pleaded true to all allegations; the court then heard testimony from the probation officer and Fuson.
- Probation officer Marla Rich testified Fuson missed initial meetings and struggled with compliance due to an ongoing alcohol addiction.
- Fuson admitted an alcohol problem, acknowledged noncompliance, but testified he could change and comply going forward.
- The trial court found the violations true, revoked community supervision, and sentenced Fuson to five years’ imprisonment; Fuson appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence and admissions supported revocation of community supervision | State: Fuson pleaded true to allegations and probation officer’s testimony showed noncompliance; revocation appropriate | Fuson: Admitted addiction and noncompliance but argued he could reform and continue on supervision | Court: Revocation supported; violations proven and revocation affirmed |
| Whether appellate counsel properly moved to withdraw under Anders and whether appeal was frivolous | State/Trial counsel: Anders brief shows no arguable grounds; counsel complied with notice requirements | Fuson: No pro se response filed asserting any arguable issues | Court: Anders brief adequate; record contains no arguable grounds; counsel’s motion to withdraw granted and appeal affirmed |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (procedure and obligations when appointed counsel seeks to withdraw on appeal)
- Penson v. Ohio, 488 U.S. 75 (1988) (appellate review of counsel’s Anders brief and court’s duty)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (standards for evaluating frivolous appellate claims)
- Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974) (related authority on appellate counsel withdrawal)
- Jackson v. State, 485 S.W.2d 553 (Tex. Crim. App. 1972) (related authority on appellate review)
- Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014) (procedural requirements for providing the defendant access to the appellate record)