William Stephen Carpenter v. State
12-17-00015-CR
| Tex. App. | Aug 9, 2017Background
- William Stephen Carpenter pleaded guilty to continuous family violence; the trial court deferred a finding of guilt and placed him on 5 years' deferred adjudication community supervision.
- The State moved to revoke supervision, alleging violations of the supervision terms.
- At the revocation hearing Carpenter admitted (pleaded “true” to) the alleged violations.
- The trial court found the violations true, revoked community supervision, adjudicated Carpenter guilty of aggravated assault with a deadly weapon, and sentenced him to 10 years' imprisonment.
- Carpenter appealed; appellate counsel filed an Anders/Gainous brief concluding no arguable appealable issues and moved to withdraw.
- The court of appeals reviewed the record, found no reversible error, granted counsel’s motion to withdraw, and affirmed the judgment. The court instructed counsel to notify Carpenter of his right to file a petition for discretionary review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of revocation/adjudication | State: revocation supported by plea of true to alleged violations | Carpenter: (no arguable complaint raised by counsel) | Court found revocation and adjudication proper; no reversible error |
| Sufficiency of appellate record review | State: record supports affirmance | Carpenter: (no pro se brief filed; no issues identified) | Court independently reviewed record and found no reversible error |
| Anders/Gainous compliance by counsel | State/appellate counsel: complied with Anders/Gainous and Kelly requirements | Carpenter: (no objection; no pro se response) | Court concluded counsel complied and granted motion to withdraw |
| Notice of PDR rights and procedure | Court/State: counsel must notify appellant of PDR rights and file deadlines | Carpenter: N/A | Court ordered counsel to send opinion/judgment and advise Carpenter of PDR rights and deadlines |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (procedure for appointed counsel who finds appeal frivolous)
- Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969) (Texas practice for Anders-like briefs)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. panel op.) (procedural guidance in Anders-type appeals)
- Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (counsel’s motion to withdraw after Anders review)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (requirements for appellate counsel and court in Anders-type appeals)
- Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014) (counsel must provide appellant copy of brief, notice of motion to withdraw, and facilitate review of appellate record)