David Michael Nelson v. The State of Texas

Summary

The Texas Court of Appeals for the Second Appellate District reviewed David Michael Nelson’s appeal from the adjudication of his guilt after he pleaded true to violating sixteen conditions of deferred-adjudication community supervision. The court granted appointed counsel’s Anders motion to withdraw, determined that the appeal was frivolous, and affirmed the trial court’s judgment sentencing Nelson to ten years’ confinement.

Holdings

1. Counsel's motion to withdraw and supporting brief satisfied Anders because counsel professionally evaluated the record and explained why no arguable grounds for relief existed; counsel also complied with the applicable requirements for notifying Nelson of his rights.
2. The appeal was wholly frivolous and without merit, and the record contained nothing that might arguably support the appeal.

Questions Presented

1. Whether appointed appellate counsel satisfied the requirements for withdrawal under Anders v. California.
2. Whether the record contained any arguable ground for relief requiring reversal of the trial court's judgment.

Disposition

affirmed