Shane Michael Morgan v. the State of Texas
03-24-00701-CR
| Tex. App. | Jul 31, 2025Background
- Shane Michael Morgan was convicted by a jury of evading arrest with a motor vehicle (with a deadly weapon finding) and possession of methamphetamine.
- The incident involved a high-speed pursuit where Morgan drove recklessly, evaded law enforcement, and ultimately collided with a tree before fleeing on foot.
- The jury made a special finding that Morgan used his motor vehicle as a deadly weapon during the evading offense.
- The district court sentenced Morgan to 20 years for evading arrest and one year in state jail for possession.
- Morgan appealed both convictions; his court-appointed counsel filed Anders briefs seeking to withdraw, asserting the appeals were frivolous. Morgan submitted a pro se response challenging the deadly weapon finding and counsel’s effectiveness.
- The Third Court of Appeals consolidated the appeals for disposition, reviewed the Anders briefs, and examined the record.
Issues
| Issue | Morgan's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for deadly weapon finding (evading arrest) | Evidence insufficient to show vehicle was used as a deadly weapon | Evidence sufficient; dangerous driving occurred | Issue not frivolous; new counsel to brief |
| Sufficiency of the evidence (possession conviction) | Appeal should proceed | No reversible error; conviction valid | Appeal is wholly frivolous; conviction affirmed |
| Effectiveness of appellate counsel | Appellate counsel failed to raise non-frivolous issue | NA | New counsel to be appointed for deadly weapon issue |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (establishes procedure for withdrawal by counsel when appeal is believed frivolous)
- Penson v. Ohio, 488 U.S. 75 (1988) (requires full examination of the record in Anders situations)
- McCoy v. Court of Appeals, 486 U.S. 429 (1988) (defines "frivolous" arguments in appellate review)
- Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (procedures following Anders brief in Texas)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (directions for appellate courts when non-frivolous issues are identified in Anders cases)