William M. Smith v. State
12-14-00286-CR
| Tex. Crim. App. | Aug 5, 2015Background
- William M. Smith was indicted for aggravated sexual assault of a child under six and pleaded not guilty.
- A jury convicted Smith of the offense and assessed punishment at life imprisonment.
- Appellant’s counsel filed an Anders/Gainous brief concluding there were no non-frivolous appellate issues and moved to withdraw.
- The Court of Appeals conducted an independent review of the record as required by Anders and its Texas analogues.
- The court found no reversible error, agreed the appeal was frivolous, granted counsel’s motion to withdraw, and affirmed the trial-court judgment.
- Counsel was ordered to send Smith a copy of the opinion and advise him of his right to seek discretionary review with the Texas Court of Criminal Appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there are reversible errors warranting reversal | State argued conviction and sentence should stand (no specific challenge advanced in record) | Smith, via counsel, raised no arguable grounds after record review | Court found no reversible error and affirmed |
| Whether counsel may withdraw under Anders procedure | State supported enforcement of Anders procedure and independent review | Counsel sought leave to withdraw after filing Anders brief | Court granted counsel leave to withdraw after independent review |
| Whether appellant was properly notified of appellate options | State implied procedural compliance required | Counsel certified he provided appellant copy of brief and time to file pro se brief | Court confirmed counsel must notify appellant and affirmed procedures for seeking PDR |
| Whether appeal is frivolous under Texas standards | N/A | Counsel argued appeal was wholly frivolous | Court agreed the appeal was frivolous and affirmed |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (requires appointed counsel to brief potential frivolous appeals and permits counsel to seek withdrawal)
- Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App.) (Texas precedent regarding counsel’s Anders-type brief)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App.) (requires counsel’s brief to show professional evaluation when asserting no arguable grounds)
- Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App.) (procedural guidance on Anders-related counsel withdrawal)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App.) (standards for counsel withdrawal and appellant notification under Anders-type proceedings)