Christopher Dale Havens v. the State of Texas

Summary

The Thirteenth Court of Appeals of Texas affirmed Christopher Dale Havens’s convictions and concurrent ninety-nine-year sentences for three counts of aggravated assault against a public servant with a deadly weapon. The court conducted an independent review under Anders v. California, found no arguable reversible error, and granted appointed appellate counsel’s motion to withdraw.

Holdings

1. The Anders brief complied with applicable requirements, and the court's independent examination of the record, counsel's brief, and Havens's pro se response disclosed no arguable reversible error.
2. The court granted appointed appellate counsel's motion to withdraw because counsel's Anders brief demonstrated that the appeal was frivolous.

Questions Presented

1. Whether the Anders brief satisfied counsel's obligations and whether independent review of the record revealed any arguable reversible error.
2. Whether appellate counsel's motion to withdraw should be granted after counsel concluded that the appeal was frivolous.
3. Whether Havens was afforded adequate access to the appellate record after complaining that portions were incomplete or illegible.

Disposition

affirmed