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Jarod Dajon Howell v. the State of Texas

Docket 07-25-00306-CR

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

Criminal AppealAffirmed
Filed
Jurisdiction
Texas
Court
Texas Court of Appeals, 7th District (Amarillo)
Type
Lead Opinion
Disposition
Affirmed
Docket
07-25-00306-CR

Appeal from trial court judgments convicting defendant of four counts of possession with intent to deliver in Tarrant County, Texas

Summary

The Court of Appeals of the Seventh District of Texas affirmed the trial court judgments convicting Jarod Dajon Howell of four counts of possession with intent to deliver various controlled substances. Howell was sentenced to concurrent terms (42 years on two counts, 35 years on two counts). Appellate counsel filed a motion to withdraw supported by an Anders brief concluding the appeal is frivolous. The court independently reviewed the record, found no non-frivolous issues preserved for appeal, granted counsel’s motion, and affirmed the convictions and sentences.

Issues Decided

  • Whether the appellate record contains any preserved, non-frivolous issues that would warrant reversing the convictions or sentences
  • Whether counsel properly complied with requirements for withdrawing under Anders and related Texas authorities

Court's Reasoning

Appellate counsel certified that a conscientious review revealed no reversible error and submitted an Anders brief explaining why the appeal is frivolous. The court complied with procedural safeguards by notifying the appellant and independently reviewing the record; it found no preserved issues that could support reversal. Because no non-frivolous appellate grounds were identified, the court concluded affirmance was required.

Authorities Cited

  • Anders v. California386 U.S. 738 (1967)
  • In re Schulman252 S.W.3d 403 (Tex. Crim. App. 2008)
  • Penson v. Ohio488 U.S. 75 (1988)
  • Kelly v. State436 S.W.3d 313 (Tex. Crim. App. 2014)

Parties

Appellant
Jarod Dajon Howell
Appellee
The State of Texas
Judge
Ruben Gonzalez
Judge
Judy C. Parker

Key Dates

Opinion date
2026-04-15

What You Should Do Next

  1. 1

    Consider filing a pro se petition for discretionary review

    If Howell wants to continue, he must file a petition for discretionary review in the Texas Court of Criminal Appeals within the deadline and follow the court's filing requirements.

  2. 2

    Counsel must notify the appellant

    Appellate counsel must, within five days of the opinion, send Howell a copy of the opinion and judgment and notify him of his right to file a pro se petition for discretionary review.

  3. 3

    Consult criminal defense counsel

    If Howell is unsure about appellate options or post-conviction relief, he should consult retained or appointed counsel to evaluate possible grounds for further review or collateral remedies.

Frequently Asked Questions

What did the court decide?
The court affirmed the trial convictions and sentences because it found no preserved, non-frivolous issues that would allow reversal.
Who is affected by this decision?
Appellant Jarod Dajon Howell is directly affected because his convictions and sentences were affirmed; the State’s convictions remain in place.
What does an Anders brief mean?
It means appointed counsel reviewed the record, found no meritorious issues, so counsel asked to withdraw while the court independently reviewed the record for any non-frivolous claims.
Can this decision be appealed further?
Yes. Howell may file a pro se petition for discretionary review to the Texas Court of Criminal Appeals, subject to applicable deadlines and rules.

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
In The
                                   Court of Appeals
                          Seventh District of Texas at Amarillo

                                           No. 07-25-00306-CR


                             JAROD DAJON HOWELL, APPELLANT

                                                     V.

                                THE STATE OF TEXAS, APPELLEE

                             On Appeal from the 432nd District Court
                                      Tarrant County, Texas 1
                  Trial Court No. 1848274, Honorable Ruben Gonzalez, Presiding

                                             April 15, 2026
                                  MEMORANDUM OPINION
                     Before PARKER, C.J., and DOSS and YARBROUGH, JJ.

        Appellant, Jarod Dajon Howell, appeals from the trial court’s judgments finding him

guilty of four counts of possession of a controlled substance with the intent to deliver. 2



        1 This cause was originally filed in the Second Court of Appeals.  It was transferred to this Court by
a docket-equalization order of the Supreme Court of Texas. See TEX. GOV’T CODE § 73.001. In the event
of any conflict, we apply the transferor court’s case law. TEX. R. APP. P. 41.3.
        2 See TEX. HEALTH & SAFETY CODE §§ 481.112, .1123. All four counts alleged that Appellant
possessed a particular controlled substance in an amount of four grams or more but less than 200 grams.
Count one alleged possession of fentanyl. Count two alleged possession of cocaine. Count three alleged
possession of heroin. Count four alleged possession of methamphetamine.
He was sentenced to 42 years’ incarceration for counts one and four and 35 years’

incarceration for counts two and three. 3 The sentences were ordered to run concurrently.

Appellant’s court-appointed appellate counsel has filed a motion to withdraw supported

by an Anders 4 brief. We grant counsel’s motion and affirm the judgments of the trial court.


        In support of his motion to withdraw, counsel has certified that he has conducted

a conscientious examination of the record and, in his opinion, the record reflects no

reversible error upon which an appeal can be predicated. Id. at 744; In re Schulman, 252

S.W.3d 403, 406 (Tex. Crim. App. 2008). In compliance with High v. State, 573 S.W.2d

807, 813 (Tex. Crim. App. [Panel Op.] 1978), counsel has discussed why, under the

controlling authorities, the record presents no reversible error. In a letter to Appellant,

counsel notified him of the motion to withdraw; provided him with the motion, Anders brief,

and a motion to obtain access to the appellate record; and informed him of his right to file

a pro se response. See Kelly v. State, 436 S.W.3d 313, 319–20 (Tex. Crim. App. 2014)

(specifying appointed counsel’s obligations on the filing of a motion to withdraw supported

by an Anders brief). By letter, this Court also advised Appellant of his right to file a pro

se response to counsel’s Anders brief. Appellant has not filed a response. The State has

not filed a brief.


        By his Anders brief, counsel discusses areas in the record where reversible error

may have occurred but concludes that the appeal is frivolous. We have independently

examined the record to determine whether there are any non-frivolous issues that were


        3 The punishment ranges for these offenses were enhanced because Appellant had been finally

convicted of a prior felony. See TEX. PENAL CODE § 12.42(c)(1).
        4 See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967).


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preserved in the trial court which might support an appeal, but we have found no such

issues. See Penson v. Ohio, 488 U.S. 75, 80, 109 S. Ct. 346, 102 L. Ed. 2d 300 (1988);

In re Schulman, 252 S.W.3d at 409; Gainous v. State, 436 S.W.2d 137, 138 (Tex. Crim.

App. 1969). Following our careful review of the appellate record and counsel’s brief, we

conclude that there are no grounds for appellate review that would result in reversal of

Appellant’s conviction or sentence.


        Accordingly, we grant counsel’s motion to withdraw and affirm the trial court’s

judgment. 5




                                                                   Judy C. Parker
                                                                    Chief Justice


Do not publish.




        5 Counsel shall, within five days after the opinion is handed down, send Appellant a copy of the

opinion and judgment, along with notification of Appellant’s right to file a pro se petition for discretionary
review. See TEX. R. APP. P. 48.4. This duty is an informational one, not a representational one. It is
ministerial in nature, does not involve legal advice, and exists after the court of appeals has granted
counsel's motion to withdraw. In re Schulman, 252 S.W.3d at 411 n.33.

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