Terry Wayne Cannon v. the State of Texas
07-24-00378-CR
Tex. App.Jul 2, 2025Background
- Terry Wayne Cannon was indicted for evading arrest or detention with a vehicle, with a deadly weapon allegation, and as a habitual offender due to two prior felony convictions.
- The case arose from an incident where Cannon fled in a vehicle from a marked police unit after an attempted traffic stop, resulting in a high-speed chase through residential and highway traffic.
- The pursuit ended in a collision where another driver, Rachel Ramon, suffered serious injuries. Police also found approximately 115 grams of cocaine and $904 in cash in Cannon's possession and vehicle.
- Cannon was convicted by a jury and sentenced to 45 years of incarceration.
- On appeal, Cannon’s counsel filed an Anders brief, asserting there were no meritorious grounds for appeal, and moved to withdraw from representation.
- The appellate court independently reviewed the record and found no nonfrivolous grounds for appeal, affirming Cannon’s conviction and granting counsel’s withdrawal.
Issues
| Issue | Cannon's Argument | State's Argument | Held |
|---|---|---|---|
| Whether there were appealable errors meriting reversal under Anders review | No pro se response filed | Counsel found no nonfrivolous grounds; record supports conviction | No reversible error, conviction and sentence affirmed |
| Appropriateness of counsel’s withdrawal | No argument noted | Compliance with Anders requirements | Counsel's motion to withdraw granted |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (governs procedure when appointed counsel believes appeal has no merit)
- Penson v. Ohio, 488 U.S. 75 (1988) (requires independent review by appellate court when Anders brief is filed)
- Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969) (Texas procedure for Anders briefs)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (details duties of counsel regarding Anders briefs)
