Background
During a roughly six-month period in 2019, Callie Jean Lonsford was arrested twice and charged in separate cases with driving while intoxicated with two prior convictions, a third-degree felony. Under plea agreements, she pleaded guilty and received a ten-year prison sentence in each case, with both sentences suspended while she served ten years of community supervision.
Several years later, the State moved to revoke community supervision in both cases based on the same alleged violations. The trial court heard the motions together. Lonsford pleaded true to all but one allegation, and the court found every allegation true, revoked supervision in both cases, and imposed concurrent ten-year prison terms. Her appointed appellate counsel filed Anders briefs and motions to withdraw, stating that the records revealed no arguable grounds for appeal. Lonsford did not file a pro se response.
The Court’s Holding
The Thirteenth Court of Appeals held that counsel’s briefs satisfied Anders requirements because they professionally evaluated the records, supplied pertinent record references and legal authority, and explained why neither judgment presented reversible error. Counsel also complied with the required procedures for notifying Lonsford of the filings and her rights to review the records, respond pro se, and seek discretionary review.
After independently examining the records and counsel’s briefs, the court found nothing that would arguably support either appeal. It therefore affirmed both judgments revoking community supervision and granted counsel’s motions to withdraw. The court ordered counsel to send Lonsford the opinion and judgments within five days and advise her of her right to petition the Texas Court of Criminal Appeals for discretionary review.
Key Takeaways
- An appellate court receiving an Anders brief must independently examine the proceedings to determine whether the appeal is wholly frivolous.
- The court found no arguable appellate issue in either of Lonsford’s companion revocation cases.
- The court affirmed both concurrent ten-year sentences and permitted appointed appellate counsel to withdraw.
Why It Matters
The opinion illustrates the safeguards governing Anders appeals in Texas: appointed counsel must explain why the record presents no arguable issue, notify the defendant of applicable rights, and allow the appellate court to conduct its own review.
It also confirms that the court’s disposition covered both companion appeals—docket numbers 13-26-00159-CR and 13-26-00198-CR—even though they arose from separate trial-court cases.