CourtListener 10736101•Jack Herbert Thomas v. the State of Texas
Jack Herbert Thomas v. the State of Texas
CourtListener 10736101Txctapp912 de nov. de 2025
Texto completo
In The
Court of Appeals
Ninth District of Texas at Beaumont
__________________
NO. 09-25-00061-CR
__________________
JACK HERBERT THOMAS, Appellant
V.
THE STATE OF TEXAS, Appellee
__________________________________________________________________
On Appeal from the 359th District Court
Montgomery County, Texas
Trial Cause No. 23-05-06211
__________________________________________________________________
MEMORANDUM OPINION
Jack Herbert Thomas appeals his conviction for unlawful possession of a
firearm by a felon, a third-degree felony. 1 After filing the notice of appeal, the trial
court appointed an attorney to represent Thomas in his appeal. The attorney
discharged his responsibilities to Thomas by filing an Anders brief. 2
1
See Tex. Penal Code Ann. § 46.04(e).
2
See Anders v. California, 386 U.S. 738, 744 (1967).
1
In the brief, Thomas’s attorney represents there are no arguable reversible
errors to be addressed in Thomas’s appeal. 3 The brief the attorney filed contains a
professional evaluation of the record. In the brief, Thomas’s attorney explains why,
under the record in Thomas’s case, no arguable issues exist to reverse the trial court’s
judgment.4 Thomas’s attorney also represents that he sent Thomas a copy of the brief
and the record. When the brief was filed, the Clerk of the Ninth Court of Appeals
notified Thomas, by letter, that he could file a pro se brief or response with the Court
on or before August 27, 2025. Thomas filed a pro se brief on September 9, 2025.
When an attorney files an Anders brief, we are required to independently
examine the record and determine whether the attorney assigned to represent the
defendant has a non-frivolous argument that would support the appeal. 5 After
reviewing the clerk’s record, the reporter’s record, the attorney’s brief, and the pro
se brief, we agree there are no arguable grounds to support the appeal. 6 Thus, it
3
See id.; High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (generally).
4
See Anders, 368 U.S. at 744.
5
Penson v. Ohio, 488 U.S. 75, 80 (1988) (citing Anders, 386 U.S. at 744).
6
See 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 that it considered the
issues raised in the briefs 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.”).
2
follows the appeal is frivolous. 7 For that reason, we need not require the trial court
to appoint another attorney to re-brief the appeal.8
The trial court’s judgment is affirmed.
AFFIRMED.
KENT CHAMBERS
Justice
Submitted on October 31, 2025
Opinion Delivered November 12, 2025
Do Not Publish
Before Golemon, C.J., Wright and Chambers, JJ.
Id. at 826-27.
7
See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). Thomas
8
may challenge our decision in the case by filing a petition for discretionary review.
See Tex. R. App. P. 68.
3
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