Christopher Davontae Bennett v. the State of Texas
Docket 03-25-00517-CR
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 3rd District (Austin)
- Type
- Lead Opinion
- Case type
- Criminal Appeal
- Disposition
- Affirmed
- Docket
- 03-25-00517-CR
Appeal from an adjudication of guilt and sentence following a revocation/adjudication hearing after a deferred-finding community supervision for sexual assault of a child
Summary
The Texas Third Court of Appeals reviewed Christopher Devontae Bennett’s appeal after the trial court adjudicated his guilt for sexual assault of a child and sentenced him to 18 years’ confinement following violations of court-ordered community supervision. Bennett’s appellate counsel filed a motion to withdraw with an Anders brief stating the appeal is frivolous. The appellate court independently reviewed the record, found no arguable grounds for reversal, granted counsel’s motion to withdraw, and affirmed the trial court’s adjudication and sentence. The court advised Bennett of his rights and noted he filed no pro se brief.
Issues Decided
- Whether the trial court erred in adjudicating guilt and imposing an 18-year sentence after Bennett pled true to alleged community supervision violations.
- Whether any arguable grounds exist to challenge the revocation/adjudication proceedings or resulting sentence on appeal.
Court's Reasoning
Appellate counsel submitted an Anders brief and the court conducted an independent review of the record. The court found no arguable legal or factual errors that could support reversal of the trial court’s adjudication or sentence. Because no colorable claims were identified, the court concluded the appeal was frivolous and affirmed the trial court’s ruling.
Authorities Cited
- Anders v. California386 U.S. 738 (1967)
- Garner v. State300 S.W.3d 763 (Tex. Crim. App. 2009)
- Penson v. Ohio488 U.S. 75 (1988)
- Kelly v. State436 S.W.3d 313 (Tex. Crim. App. 2014)
Parties
- Appellant
- Christopher Davontae Bennett
- Appellee
- The State of Texas
- Judge
- Debbie Garrett
- Judge
- Chari L. Kelly, Justice
Key Dates
- Opinion filed
- 2026-04-24
What You Should Do Next
- 1
Consider petitioning for discretionary review
If Bennett wants further review, he or counsel should file a petition for discretionary review to the Texas Court of Criminal Appeals within the applicable deadline and follow appellate rules.
- 2
Consult appellate counsel about options
Bennett should consult his attorney to confirm deadlines, discuss grounds (if any) for further review, or explore post-conviction remedies such as state habeas applications if applicable.
- 3
Prepare for incarceration requirements
Because the sentence is affirmed, Bennett or his counsel should ensure compliance with commitment paperwork and begin planning for confinement logistics and any applicable administrative steps.
Frequently Asked Questions
- What did the appeals court decide?
- The appeals court affirmed the trial court’s decision to adjudicate guilt and the 18-year sentence, finding no arguable issues on appeal.
- Why didn’t the court find issues to reverse the conviction?
- Appellate counsel filed an Anders brief and the court independently reviewed the record, concluding there were no non-frivolous legal or factual claims that could support reversal.
- Can Bennett still seek further review?
- Bennett could seek discretionary review (for example, file a petition for review to the Texas Court of Criminal Appeals), but the opinion notes he was informed of that right and filed no pro se brief in this court.
- Who is affected by this decision?
- Bennett is directly affected because his adjudication and 18-year sentence are affirmed; the decision does not change the legal rules beyond this case.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-25-00517-CR
Christopher Davontae Bennett, Appellant
v.
The State of Texas, Appellee
FROM THE 27TH DISTRICT COURT OF BELL COUNTY
NO. FR75556, THE HONORABLE DEBBIE GARRETT, JUDGE PRESIDING
MEMORANDUM OPINION
Christopher Devontae Bennett entered a guilty plea to sexual assault of a child.
The trial court deferred a finding of guilt and placed Bennett on community supervision for eight
years. See Tex. Penal Code § 22.011(a)(2)A). The State subsequently moved to adjudicate
Bennett’s guilt, alleging he violated terms of the community supervision order. Bennett pled true
to several alleged violations, and the trial court found those alleged violations true, adjudicated
Bennett’s guilt, and sentenced him to confinement for eighteen years in the Institutional Division
of the Texas Department of Criminal Justice. Bennett filed a timely notice of appeal.
Bennett’s court-appointed attorney on appeal has filed a motion to withdraw supported by an
Anders brief contending that the appeal is frivolous and without merit. See Anders v. California,
386 U.S. 738, 744-45 (1967). Bennett’s court-appointed attorney’s brief meets the requirements
of Anders by presenting a professional evaluation of the record and demonstrating that there are
no arguable grounds to be advanced. See id.; Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim.
App. 2009); see also Penson v. Ohio, 488 U.S. 75, 81-82 (1988) (explaining that Anders briefs
serve purpose of “assisting the court in determining both that counsel in fact conducted the
required detailed review of the case and that the appeal is . . . frivolous”). Bennett’s counsel has
represented to the Court that he provided copies of the motion and brief to Bennett; advised
Bennett of his right to examine the appellate record, file a pro se brief, and pursue discretionary
review following the resolution of the appeal in this Court. He also provided to Bennett a
Motion for Pro Se Access to the Appellate Record lacking only Bennett’s signature and the date
and provided the mailing address for this Court. See Kelly v. State, 436 S.W.3d 313, 319-20
(Tex. Crim. App. 2014). Bennett has not filed a pro se brief nor a motion for extension of time
to file a brief.
We have independently reviewed the record and have found nothing that might
arguably support the appeal. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766. We
agree with counsel that the appeal is frivolous and without merit. We grant counsel’s motion to
withdraw and affirm the trial court’s order.
__________________________________________
Chari L. Kelly, Justice
Before Justices Triana, Kelly, and Theofanis
Affirmed
Filed: April 24, 2026
Do Not Publish
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