Summary
The Ninth Court of Appeals of Texas affirmed the revocation of Mary Genevive Bond’s community supervision and her resulting two-year state-jail sentence for fraudulent use of identifying information. In an Anders appeal, the court independently reviewed the record and counsel’s brief, found no arguable grounds for reversal, and concluded that the appeal was frivolous.
Topics
Practice areas
Questions Presented
- Whether the appeal presented any arguably meritorious issue requiring reversal after appellate counsel filed an Anders brief.
- Whether the court was required to appoint new appellate counsel to re-brief the appeal.
Holdings
- After reviewing the entire record and counsel's Anders brief, the court found nothing that arguably would support the appeal and determined that the appeal was wholly frivolous.
- The court found it unnecessary to order the appointment of new counsel to re-brief the appeal.
Key quotations
“Upon receiving an Anders brief, this Court must conduct a full examination of all the proceedings to determine whether the appeal is wholly frivolous.” (at 2)
“We have reviewed the entire record and counsel’s brief, and we have found nothing that arguably would support the appeal.” (at 2)
Factual background
Bond pleaded guilty pursuant to a plea bargain to the state jail felony offense of fraudulent use of identifying information. The trial court found her guilty, assessed two years in state jail, ordered restitution, suspended the confinement portion of the sentence, and placed her on five years of community supervision subject to express conditions. Before the supervision term expired, the State sought revocation; Bond pleaded true to certain violations, and the trial court revoked community supervision and imposed the two-year state-jail sentence.
Procedural history
Bond pleaded guilty pursuant to a plea bargain to fraudulent use of identifying information. The trial court assessed two years in state jail, suspended the confinement portion, and placed her on community supervision for five years. After the State filed motions to revoke, Bond pleaded true to specified violations, the trial court revoked community supervision and sentenced her to two years in state jail, and Bond appealed. Appellate counsel filed an Anders brief; Bond was notified of her right to file a pro se brief but did not respond. The court of appeals independently reviewed the record and affirmed.