Samuel Moses Williams v. State
06-15-00089-CR
| Tex. App. | Nov 19, 2015Background
- Samuel Moses Williams was convicted by a jury of indecency with a child by contact and sentenced to 20 years in prison.
- Williams’ appellate counsel filed an Anders brief and a motion to withdraw, outlining no arguable issues.
- Counsel mailed the brief, record, and withdrawal motion to Williams on July 14, 2015; Williams was informed of his rights.
- Williams requested an extension to file a pro se response; the court granted an extension, but no response was filed by October 21, 2015.
- This Court independently reviewed the record and determined the appeal is wholly frivolous, with no reversible error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are Anders procedures satisfied? | Williams contends no arguable issues exist. | State agrees record shows no arguable issues. | Procedures satisfied; no reversible error. |
| Is there reversible error in the conviction? | None asserted by Williams. | None asserted by State. | No reversible error; appeal frivolous. |
| Was counsel's withdrawal proper? | Williams deserved continued representation. | Withdrawal granted; no substitute appointed. | Counsel withdrawal granted; no substitute appointed. |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (Supreme Court 1967) (outline for appellate withdrawal when no meritorious issues exist)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (standard for evaluating frivolous appeals under Anders)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (orig. proceeding; procedures for counsel withdrawal clarified)
- Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1981) (procedural framework for appellate review and notices)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (panel opinion; guidance on appellate procedure)