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166 S.W.3d 752

Beckett v. State

Court of Appeals of Texas

Decided April 20, 2005

Court of Appeals of Texas · decided 2005-04-20

Cited by 28 later decisions — most recently January 2015 · most notably Mission Consolidated Independent School District v. Garcia (2008), Phillips v. Dafonte (2006)

27 state decisions

Relies on Perryman v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2005-04-20

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TOM GRAY, Chief Justice,

¶1concurring.

¶2This case again demonstrates the need to revisit the procedure we use in Anders cases. For an example of an Anders brief which substantially complies with the requirements of Sowels, counsel should look to the attachment to the concurring opinion in Perryman. Perryman v. State, 159 S.W.3d 778, 2005 Tex.App. LEXIS 2106 (Tex.App.-Waco Mar. 16, 2005, order)(Gray, C.J., concurring). The attachment is a redacted version of a brief previously found to be in compliance with this Court’s burdensome requirements in an Anders appeal.

¶3Of course, this is only an example and any Anders brief must be tailored to the facts and circumstances of the individual case. It cannot simply be copied, edited, and filed. But it certainly can provide a rule and guide to the lawyer looking for direction from someone familiar with the procedure in this Court for Anders briefs. As the Court has imposed the burden of Sowels and its progeny, I feel that it is also the Court’s burden to provide some guidance on how to comply with it.

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