Unreported / Non-Citable
Background
A grand jury indicted Tressie Leanna Butcher for burglary of a habitation, a second-degree felony, and unauthorized use of a vehicle, a state jail felony. Under a plea bargain, Butcher pleaded guilty to both charges. The trial court deferred adjudication and placed her on community supervision for 10 years on the burglary charge and five years on the unauthorized-use charge, with a $500 fine on each count.
After the State moved to revoke Butcher’s unadjudicated probation, Butcher pleaded true to five alleged violations of her community-supervision conditions. The trial court revoked her probation and sentenced her to 10 years in prison for burglary and two years in state jail for unauthorized use of a vehicle, with the sentences running concurrently. Her appellate counsel filed Anders briefs concluding that the appeals were frivolous and moved to withdraw. Butcher received additional time to file a pro se brief but did not do so.
The Court’s Holding
The Ninth Court of Appeals independently examined the entire record and counsel’s briefs, as required when appellate counsel files an Anders brief. The court found no reversible error and concluded that both appeals were wholly frivolous.
Because the record disclosed no arguable grounds for appeal, the court determined that appointing new counsel to rebrief the cases was unnecessary. It affirmed both trial-court judgments.
Key Takeaways
- An appellate court receiving an Anders brief must independently review the entire record to determine whether the appeal is wholly frivolous.
- Butcher’s pleas of true to five alleged community-supervision violations preceded the revocation of her deferred-adjudication probation.
- Finding no reversible error or arguable appellate grounds, the court affirmed the concurrent 10-year prison and two-year state-jail sentences.
Why It Matters
The opinion illustrates the review required in an Anders appeal: counsel’s assessment that an appeal lacks merit does not end the inquiry, because the appellate court must conduct its own examination of the record.
It also confirms that when that review reveals no reversible error or arguable ground for appeal, the court may deem the appeal wholly frivolous, decline to appoint replacement counsel, and affirm the judgments.