Shadondra Jenkins v. State
12-14-00295-CR
Tex. App.Jul 31, 2015Background
- Appellant Shadondra Jenkins was indicted on two counts of injury to a child and pleaded guilty to both counts with no punishment agreement.
- The trial court ordered a presentence investigation report and, after a sentencing hearing, found Jenkins guilty and assessed 114 months' imprisonment.
- Jenkins appealed; appointed counsel filed an Anders/Gainous brief concluding the appeal was frivolous and moved to withdraw.
- The Court of Appeals independently reviewed the record as required by Anders and related Texas authority.
- The court found no reversible error, granted counsel’s motion to withdraw, and affirmed the trial court’s judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there are any non-frivolous appellate issues justifying review | Jenkins did not file a pro se brief; no argument presented | Counsel argued, after thorough review, that no arguable issues exist and sought leave to withdraw under Anders/Gainous | Court performed independent review, found no reversible error, agreed appeal is frivolous, and affirmed |
| Whether appointed counsel may be permitted to withdraw under Anders/Gainous | Not applicable | Counsel moved for leave to withdraw after providing appellant a copy of the brief and opportunity to file pro se brief | Court granted counsel’s motion to withdraw, subject to counsel’s duty to notify appellant of PDR rights |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (counsel must file brief and may seek withdrawal if appeal is frivolous)
- Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969) (Texas guidance on Anders procedure)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (procedure for appellate counsel under Anders)
- Penson v. Ohio, 488 U.S. 75 (1988) (appellate-counsel Anders-like procedure upheld)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (appellate court may independently review record for reversible error)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (requirements for counsel’s motion to withdraw and notice to appellant)
- Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (procedural authority cited regarding counsel withdrawal)