Philip Wade Ellison v. State

• Court: Court of Appeals of Texas
• Decided: January 28, 2014
• Docket: 14-12-00922-CR
• Status: Published

Opinion

Order filed January 28, 2014.

In The

Fourteenth Court of Appeals ____________

NO. 14-12-00920-CR NO. 14-12-00922-CR ____________

PHILIP WADE ELLISON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 23rd District Court Brazoria County, Texas Trial Court Cause Nos. 67168 and 67695

ORDER

In separate indictments, appellant was convicted of the felony offense of continuous violence against the family in trial court cause number 67695 (appellate cause number 14-12-00922-CR), and adjudicated guilty of the felony offense of continuous violence against the family in trial court cause number 67168 (appellate cause number 14-12-00920-CR). Appellant was sentenced to five years for each offense, to run concurrently. In this consolidated appeal, appellant argues that his double jeopardy rights were violated because the conviction in cause number 67695 constitutes a second prosecution for the same offense after conviction and subjects him to multiple punishments for the same offense.

In his brief on appeal, appellant challenges his conviction in cause number 67695, but does not raise a separate issue challenging his conviction in cause number 67168. Counsel’s failure to raise any issues addressing the conviction in cause number 67168 without following the procedures of Anders v. California, 386 U.S. 738, 742–44 (1967) deprives appellant of effective assistance of counsel.

To provide appellant with the effective assistance of counsel on appeal, it is ORDERED that appellant’s counsel, John J. Davis, file an amended brief in compliance with the appellate rules and the Anders procedure in this court on or before February 26, 2014.

PER CURIAM