Hays v. State — affirmed protective-order conviction after finding appeal frivolous

Case
John Thomas Hays v. the State of Texas
Court
Texas Fourth Court of Appeals
Judge
Rebeca C. Martinez (elected 2012)
Date Decided
July 15, 2026
Docket No.
04-25-00273-CR
Topics
Criminal Appeals; Community Supervision; Protective Orders; Anders Briefs
Source
Read the full opinion

Background

John Thomas Hays pleaded guilty under a plea agreement to violating a protective order. On November 4, 2024, the trial court deferred adjudication of guilt and placed him on community supervision for six years.

After the State moved to adjudicate guilt and revoke community supervision, the trial court revoked Hays’s supervision, adjudicated him guilty, and sentenced him to six years in prison. His court-appointed appellate attorney then filed an Anders brief stating that the appeal was wholly frivolous and moved to withdraw. Counsel provided Hays with the brief and advised him of his right to review the record and file a pro se brief, but Hays did not file one.

The Court’s Holding

The Fourth Court of Appeals independently reviewed the record and counsel’s Anders brief. It found no reversible error and agreed with counsel that the appeal was wholly frivolous.

The court therefore affirmed the trial court’s judgment and granted appointed counsel’s motion to withdraw. It noted that no substitute counsel would be appointed for further review.

Key Takeaways

  • An appellate court reviewing an Anders brief must independently examine the record before deciding whether an appeal is frivolous.
  • The court found no arguable reversible error in the adjudication, revocation, or six-year sentence.
  • Hays may pursue discretionary review by retaining counsel or filing a pro se petition in the Texas Court of Criminal Appeals.

Why It Matters

The memorandum opinion illustrates the procedure Texas appellate courts follow when appointed counsel concludes that a criminal appeal presents no nonfrivolous issues. Once the Anders requirements are satisfied, the appellate court conducts its own review and may affirm the judgment and allow counsel to withdraw if it identifies no arguable ground for appeal.

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