CourtListener 10351993•Michael Jackson v. the State of Texas
Gesamter Gesetzestext
In The
Court of Appeals
Ninth District of Texas at Beaumont
________________
NO. 09-23-00352-CR
________________
MICHAEL JACKSON, Appellant
V.
THE STATE OF TEXAS, Appellee
________________________________________________________________________
On Appeal from the 411th District Court
Polk County, Texas
Trial Cause No. 25190
________________________________________________________________________
MEMORANDUM OPINION
A jury found Michael Jackson guilty of aggravated assault on a public servant,
a first-degree felony. See Tex. Penal Code Ann. §§ 22.02(a), (b)(2)(B); 22.01. The
trial court assessed Jackson’s punishment with a finding of one enhancement at
ninety-nine years of imprisonment. See id. § 12.32.
Jackson’s appellate counsel filed an Anders brief that presents counsel’s
professional evaluation of the record and concludes the appeal is frivolous. See
1
Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex.
Crim. App. 1978). On July 23, 2024, we granted an extension of time for Jackson to
file a pro se brief. Jackson did not file a pro se brief in response.
The Court of Criminal Appeals has held that when a court of appeals receives
an Anders brief, an appellate court has two choices. See Bledsoe v. State, 178 S.W.3d
824, 826–27 (Tex. Crim. App. 2005). “It may determine that the appeal is wholly
frivolous and issue an opinion explaining that it has reviewed the record and finds
no reversible error[;] [o]r, it may determine that arguable grounds for appeal exist
and remand the cause to the trial court so that new counsel may be appointed to brief
the issues.” Id. (citations omitted).
Upon receiving an Anders brief, a court must conduct a full examination of
the record to determine whether the appeal is wholly frivolous. Penson v. Ohio, 488
U.S. 75, 80 (Tex. 1988) (citing Anders, 386 U.S. at 744). We have reviewed the
entire record, counsel’s brief, and we have found no reversible error, and we
conclude the appeal is wholly frivolous. See Bledsoe, 178 S.W.3d at 826–27.
Therefore, we find it unnecessary to order appointment of new counsel to re-brief
2
the appeal. Cf. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We
affirm the trial court’s judgment. 1
AFFIRMED.
KENT CHAMBERS
Justice
Submitted on March 3, 2025
Opinion Delivered March 5, 2025
Do Not Publish
Before Golemon, C.J., Johnson and Chambers, JJ.
1Jackson may challenge our decision in this case by filing a petition for
discretionary review with the Texas Court of Criminal Appeals. See Tex. R. App. P.
68.
3
Setzen Sie Ihre Recherche in ChatGPT oder Claude fort
Verbinden Sie Omnilex, um den Rechtskorpus über Ihren KI-Assistenten zu durchsuchen.