Summary
The Sixth Court of Appeals of Texas affirmed Everett Henry Aker, Jr.'s conviction for possession of four grams or more but less than 200 grams of methamphetamine after conducting an Anders review and finding no reversible error. The court modified the judgment to correctly identify methamphetamine as a Penalty Group 1 controlled substance and granted appellate counsel's motion to withdraw.
Court
Court of Appeals for the Sixth Appellate District of Texas at Texarkana
Jurisdiction
Court of Appeals for the Sixth Appellate District of Texas at Texarkana
Decision date
December 23, 2025
Docket number
No. 06-25-00097-CR
Disposition
affirmed
Questions Presented
- Whether appointed appellate counsel satisfied the requirements of Anders v. California by filing a brief demonstrating that the record contained no genuinely arguable grounds for appeal.
- Whether the appellate court's independent review disclosed reversible error.
- Whether the court could modify the judgment to correct its erroneous classification of methamphetamine as a Penalty Group 1-B rather than a Penalty Group 1 controlled substance.
- Whether counsel should be permitted to withdraw after the court determined that the appeal presented no reversible error.
Holdings
- Counsel's professional evaluation of the record, explaining why there were no arguable grounds for appeal, satisfied the requirements of Anders v. California.
- The court's independent review of the entire appellate record revealed no reversible error.
- The appellate court may modify a trial court's judgment to make it speak the truth when the necessary information is available in the record, and it therefore modified the judgment to state that Aker was convicted of possessing a Penalty Group 1 controlled substance.
- Counsel's motion to withdraw was granted because the appeal presented no reversible error; no substitute counsel was appointed.
Court Document
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