Summary
The Texas Court of Appeals, Second District, reviewed the revocation of Kristine Ann Ellington’s probation following findings that she violated probation conditions, including consuming alcohol. The court granted appointed counsel’s motion to withdraw under Anders v. California, found no arguable grounds for appeal, and affirmed the trial court’s judgment.
Topics
Practice areas
Questions Presented
- Whether the appeal presented any arguable ground for relief under Anders v. California.
- Whether the trial court's failure to hear Ellington's failure-to-appear case contemporaneously with the probation-revocation proceeding constituted reversible error.
- Whether the trial court improperly allowed a senior court officer to testify when Ellington did not object at the revocation hearing.
- Whether Ellington could establish ineffective assistance of counsel on direct appeal.
Holdings
- The appeal was wholly frivolous and without merit, and the record contained nothing that might arguably support the appeal.
- Any error bearing on the trial court's finding that the failure-to-appear allegation was true was harmless because Ellington pleaded true to another violation and a single probation violation was sufficient to support revocation.
- The issue was not preserved for appeal because Ellington did not object to the testimony at the revocation hearing.
- The record did not establish ineffective assistance of counsel because it did not show deficient performance or prejudice.
Key quotations
“We have carefully reviewed the record and counsel’s brief and have determined that this appeal is wholly frivolous and without merit.” (at 3)
“We find nothing in the record that might arguably support the appeal.” (at 3)
Factual background
Ellington pleaded guilty to theft and received a two-year sentence probated for five years, along with restitution and a fine. The State later alleged that she violated probation by committing a driving-while-intoxicated offense, failing to appear, failing to report, and consuming alcohol. Ellington pleaded true to consuming alcohol and not true to the driving-while-intoxicated and failure-to-appear allegations; the trial court found the first, second, and fourth allegations true, revoked probation, and imposed an eighteen-month state-jail sentence.
Procedural history
Ellington pleaded guilty pursuant to a plea bargain in April 2022 to theft of property valued between $2,500 and $30,000. The trial court imposed a two-year sentence, probated for five years, with restitution and a fine. In 2024, the State petitioned to revoke probation. After a revocation hearing, the trial court found three alleged violations true, revoked probation, and sentenced Ellington to eighteen months' incarceration in a state jail facility. On appeal, appointed counsel filed an Anders brief and motion to withdraw, Ellington filed a pro se response, and the State agreed that the appeal was frivolous.