Background
Chad Haynes appealed three Denton County judgments convicting him of evading arrest and two counts of accident involving personal injury. The appeals were originally filed in the Second Court of Appeals and transferred to the Seventh Court of Appeals through the Texas Supreme Court’s docket-equalization process.
Haynes’s court-appointed appellate counsel moved to withdraw and filed an Anders brief stating that a conscientious review of the record revealed no reversible error. Counsel provided Haynes with the motion, brief, and appellate record and informed him of his right to respond. Haynes filed a pro se response; the State filed no brief.
The Court’s Holding
The court independently reviewed the appellate record, counsel’s Anders brief, and Haynes’s pro se response. It found no preserved, nonfrivolous issue that could support an appeal and no ground for appellate review that would result in reversal of the convictions or sentences.
The court therefore granted appointed counsel’s motion to withdraw and affirmed all three trial-court judgments.
Key Takeaways
- An Anders filing did not end the inquiry; the appellate court independently examined the record for potentially meritorious issues.
- Haynes exercised his right to submit a pro se response, which the court considered as part of its review.
- Finding no nonfrivolous ground that could produce reversal, the court affirmed the evading-arrest conviction and both accident-involving-personal-injury convictions.
Why It Matters
The opinion illustrates the review required when appointed counsel concludes that a criminal appeal is frivolous. Even after counsel seeks withdrawal, the appellate court must independently examine the record before affirming the judgments and permitting counsel to withdraw.