CourtListener 10863739•Christopher Dale Havens v. the State of Texas
Christopher Dale Havens v. the State of Texas
CourtListener 10863739Txctapp1321 de mai. de 2026
Texto completo
NUMBER 13-25-00287-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
CHRISTOPHER DALE HAVENS, Appellant,
v.
THE STATE OF TEXAS, Appellee.
ON APPEAL FROM THE 36TH DISTRICT COURT
OF ARANSAS COUNTY, TEXAS
MEMORANDUM OPINION
Before Justices Silva, Peña, and Fonseca
Memorandum Opinion by Justice Fonseca
After a trial, an Aransas County jury convicted appellant Christopher Dale Havens
on three counts of aggravated assault against a public servant with a deadly weapon, a
first-degree felony, and he was sentenced to concurrent terms of ninety-nine years’
imprisonment on each count. See TEX. PENAL CODE § 22.02(b)(2)(B). Appellant’s court-
appointed appellate counsel has filed a brief with this Court stating that there are no
arguable grounds for appeal. See Anders v. California, 386 U.S. 738 (1967). We affirm.
I. ANDERS BRIEF
Counsel states in his brief that he has diligently reviewed the entire record and that
he “has been unable to find any nonfrivolous” grounds for appeal. See id.; High v. State,
573 S.W.2d 807, 813 (Tex. Crim. App. [Panel Op.] 1978). Counsel’s brief meets the
requirements of Anders as it presents a thorough, professional evaluation showing why
there are no arguable grounds for advancing an appeal. See In re Schulman, 252 S.W.3d
403, 406 n.9 (Tex. Crim. App. 2008) (orig. proceeding) (“In Texas, an Anders brief need
not specifically advance ‘arguable’ points of error if counsel finds none, but it must provide
record references to the facts and procedural history and set out pertinent legal
authorities.”); Stafford v. State, 813 S.W.2d 503, 510 n.3 (Tex. Crim. App. 1991).
In compliance with Kelly v. State, 436 S.W.3d 313, 319 (Tex. Crim. App. 2014),
counsel has carefully discussed why, under controlling authority, there is no reversible
error in the trial court’s judgment. Counsel has informed this Court that he has: (1) notified
appellant that he has filed an Anders brief and motion to withdraw; (2) provided appellant
with copies of these pleadings; (3) informed appellant of his rights to file a pro se
response, to review the record prior to filing that response, and to seek discretionary
review if we conclude that the appeal is frivolous; and (4) provided appellant with a form
motion for pro se access to the appellate record that only requires appellant’s signature
and date with instructions to file the motion within ten days. See Anders, 386 U.S. at 744;
Kelly, 436 S.W.3d at 319–20.
Appellant timely filed the form pro se motion for access to the record. On October
27, 2025, we ordered the trial court to ensure appellant has the opportunity to fully
2
examine the clerk’s record and reporter’s record and to notify this court when the records
were made available to him. The records were delivered to appellant on November 5 and
10, 2025. On December 9, 2025, appellant filed a “Notice” with this Court complaining in
part that the records he received were incomplete or illegible. That same day, we abated
the appeal and remanded to the trial court to determine whether the record provided to
appellant is complete and accurate. After holding a hearing, the trial court signed an order
on December 23, 2025: (1) directing the trial court clerk to reprint the entire clerk’s record
“single page and one sided” and to mail it to appellant, and (2) stating that appellant “is in
possession of the full [c]ourt [r]eporters’ [t]ranscripts” pertaining to his appeal. Appellant
filed another “Notice” on January 12, 2026, which we construe as a pro se response to
the Anders brief. The appeal was reinstated on January 22, 2026.
II. INDEPENDENT REVIEW
Upon receiving an Anders brief, we must conduct a full examination of all the
proceedings to determine whether the appeal is wholly frivolous. Penson v. Ohio, 488
U.S. 75, 80 (1988). We have reviewed the record, counsel’s brief, and appellant’s pro se
response, and we have found no arguable reversible error. Bledsoe v. State, 178 S.W.3d
824, 827–28 (Tex. Crim. App. 2005) (“Due to the nature of Anders briefs, by indicating in
the opinion it considered the issues raised in the brief and reviewed the record for
reversible error but found none, the court of appeals met the requirements of Texas Rule
of Appellate Procedure 47.1.”); Stafford, 813 S.W.2d at 509.
III. MOTION TO WITHDRAW
In accordance with Anders, appellant’s court-appointed appellate counsel has filed
a motion to withdraw. See Anders, 386 U.S. at 744; see also In re Schulman, 252 S.W.3d
3
at 408 n.17 (citing Jeffery v. State, 903 S.W.2d 776, 779–80 (Tex. App.—Dallas 1995, no
pet.) (“If an attorney believes the appeal is frivolous, he must withdraw from representing
the appellant. To withdraw from representation, the appointed attorney must file a motion
to withdraw accompanied by a brief showing the appellate court that the appeal is
frivolous.” (citations omitted))). We grant the motion to withdraw.
Counsel is ordered to send a copy of this memorandum opinion and its
accompanying judgment to appellant, and to advise him of his right to file a petition for
discretionary review within five days of the date of this memorandum opinion.1 See TEX.
R. APP. P. 48.4; see also In re Schulman, 252 S.W.3d at 411 n.35; Ex parte Owens, 206
S.W.3d 670, 673 (Tex. Crim. App. 2006).
IV. CONCLUSION
The trial court’s judgment is affirmed.
YSMAEL D. FONSECA
Justice
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed on the
21st day of May, 2026.
1 No substitute counsel will be appointed. Should appellant wish to seek further review by the Texas
Court of Criminal Appeals, he must either retain an attorney to file a petition for discretionary review or file
a pro se petition for discretionary review. Any petition for discretionary review must be filed within thirty
days from the date of either this opinion or the last timely motion for rehearing that was overruled by this
Court. See TEX. R. APP. P. 68.2. Any petition for discretionary review must be filed with the clerk of the
Texas Court of Criminal Appeals, see id. R. 68.3(a), and must comply with the requirements of Rule 68.4
of the Texas Rules of Appellate Procedure. See id. R. 68.4.
4
Continue sua pesquisa no ChatGPT ou Claude
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.