Samuel Moses Williams v. State
06-15-00088-CR
| Tex. App. | Nov 19, 2015Background
- Samuel Moses Williams was tried by jury and convicted of indecency with a child by sexual contact; sentenced to 20 years’ imprisonment.
- Trial court cause number: 1424394 in Hopkins County; appeal filed in the Sixth Court of Appeals, Texarkana (No. 06-15-00088-CR).
- Appellate counsel filed an Anders brief concluding there were no arguable issues and moved to withdraw, providing Williams the appellate record and notice of rights.
- Williams requested and received an extension to file a pro se response but did not file one; he later indicated he retained counsel, but no substitute counsel entered an appearance.
- The Court independently reviewed the record, concluded the appeal is frivolous, affirmed the trial court judgment, and granted counsel permission to withdraw under Anders.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether any non-frivolous appellate issues exist | Williams (through appointed counsel) did not identify arguable appellate issues in brief | State argued record contains no reversible error and supports conviction | Court held no arguable issues; appeal frivolous and affirmed |
| Whether counsel may withdraw under Anders | Counsel argued withdrawal is appropriate after professional review showing no meritorious issues | State did not oppose withdrawal; urged affirmance | Court granted Anders withdrawal and affirmed |
| Whether Williams received adequate notice and opportunity to respond | Williams sought extension and was given time to file pro se response | Court provided record access and deadline; Williams did not file | Court found procedural safeguards satisfied |
| Whether substitute counsel should be appointed for PDR | Williams suggested retained counsel but none appeared | State did not request appointment | Court declined to appoint substitute counsel; explained PDR filing options |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (requires appointed counsel to file brief demonstrating lack of non-frivolous issues and permits withdrawal)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (standards for Anders-style brief and appellate counsel withdrawal in Texas)
- Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (procedural guidance on court review when counsel seeks to withdraw)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (precedent on appellate counsel obligations)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (court may independently review record and decide appeal is frivolous)