Unreported / Non-Citable
Background
Jhon Scott Smout received deferred adjudication and five years of community supervision in 2018 under a plea agreement in two cases. The charges were assault against a family or household member by impeding the victim’s breathing and aggravated assault with a deadly weapon. His community-supervision terms were later modified and extended, and the State moved to adjudicate his guilt in August 2024 based on alleged violations.
The trial court adjudicated Smout guilty and sentenced him to 10 years in prison and a $10,000 fine for the family-violence offense, and 20 years in prison and a $10,000 fine for aggravated assault. His appointed appellate counsel filed motions to withdraw with Anders briefs stating that the records presented no reversible error. Smout filed a pro se response challenging the voluntariness of his original pleas; the State filed no brief.
The Court’s Holding
The Seventh Court of Appeals independently examined the appellate records and counsel’s briefs, as required when appointed counsel submits an Anders brief. It found no preserved, nonfrivolous issue that could support reversal of Smout’s convictions or sentences.
The court also explained that Smout could not use an appeal from the later adjudication of guilt to challenge the voluntariness of pleas entered when deferred adjudication was originally imposed. Such issues had to be raised in appeals taken at the time deferred adjudication was first ordered. The court therefore granted counsel’s motions to withdraw and affirmed both trial court judgments.
Key Takeaways
- An appellate court reviewing an Anders brief must independently examine the record for preserved, nonfrivolous grounds for appeal.
- A defendant generally may not challenge the original plea proceeding in a direct appeal from a later adjudication of guilt after deferred adjudication.
- The court found no appellate issue that could result in reversal of Smout’s convictions or sentences and affirmed both judgments.
Why It Matters
The opinion underscores the timing rule governing challenges to pleas associated with deferred adjudication: objections concerning the original plea proceeding ordinarily must be appealed when deferred adjudication is first imposed, rather than after guilt is later adjudicated.
It also illustrates the Anders procedure in Texas criminal appeals, including counsel’s notice obligations and the appellate court’s responsibility to conduct its own review before permitting counsel to withdraw and affirming the judgments.