Jerry Daniel Spillman v. the State of Texas

Summary

The Texas Seventh Court of Appeals reviewed an Anders brief and counsel’s motion to withdraw in Jerry Daniel Spillman’s appeal from an order adjudicating guilt and imposing a fifteen-year sentence for aggravated assault against a public servant. After independently examining the record, the court found no non-frivolous issues, affirmed the trial court’s judgment, and granted counsel’s motion to withdraw.

Holdings

1. After independently examining the record and counsel's Anders brief, the court found no nonfrivolous issue or plausible basis for reversal and affirmed the judgment adjudicating guilt.
2. Counsel complied with the Anders and Texas procedural requirements by providing Spillman with the brief and record, notifying him of his right to file a pro se response, and informing him of his right to file a pro se petition for discretionary review; the motion to withdraw was therefore granted.

Questions Presented

1. Whether the record contained any nonfrivolous issue supporting reversal of the judgment adjudicating Spillman's guilt.
2. Whether appointed counsel satisfied the procedural requirements for withdrawal under Anders v. California and related Texas authority.

Disposition

affirmed