Thomas W. Smith v. the State of Texas
05-23-00711-CR
Tex. App.Dec 2, 2024Background
- Thomas W. Smith was convicted in two cases for possession of a controlled substance (less than one gram) in Kaufman County, Texas.
- He pleaded guilty in both cases pursuant to a plea agreement and was sentenced to two years’ state jail on each, with sentences suspended in favor of five years’ community supervision (probation).
- About two years into his probation, the State alleged Smith violated multiple conditions of community supervision and moved to revoke it.
- Smith admitted to some of the alleged violations; after a hearing, the trial court found multiple violations and revoked his probation, imposing concurrent two-year sentences.
- Smith’s court-appointed appellate counsel filed a brief under Anders v. California, asserting there were no non-frivolous grounds for appeal, and requested to withdraw as counsel.
- Smith was notified of his right to file a pro se brief but did not do so; the appellate court conducted its own review of the record.
Issues
| Issue | Smith's Argument | State's Argument | Held |
|---|---|---|---|
| Existence of Arguable Grounds on Appeal | No argument presented (Anders brief). | Counsel asserts no arguable grounds; State’s position not separately briefed. | No arguable grounds found; appeal is frivolous. |
| Validity of Counsel's Anders Brief | Not challenged. | Counsel contends brief meets Anders standards. | Anders requirements satisfied. |
| Right to Independent Review | Not contested. | Court required to review record independently. | Court conducted independent review and affirmed. |
| Appropriateness of Trial Court's Judgment | No non-frivolous error identified. | N/A | Judgment affirmed. |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (sets forth procedure for appellate review when counsel believes appeal is frivolous)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (explains appellate obligations under Anders)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (discusses minimum requirements for Anders briefs)
- Garner v. State, 300 S.W.3d 763 (Tex. Crim. App. 2009) (describes process for reviewing Anders briefs and appeals)