Mitchell v. State, 193 S.W.3d 153 (Tex. App. 2006). · Go Syfert
Mitchell v. State, 193 S.W.3d 153 (Tex. App. 2006). Cases Citing This Book View Copy Cite
864 citation events (864 in the last 25 years) across 3 distinct courts.
Strongest positive: Michael Bell v. the State of Texas (txctapp1, 2026-04-28)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Michael Bell v. the State of Texas (2×)
txctapp1 · 2026 · confidence medium
See Anders, 386 U.S. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) William Ordonez Hernandez v. the State of Texas (2×) also: Cited "see"
txctapp1 · 2026 · confidence medium
App. 2008); Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Jordan Potts v. the State of Texas (2×) also: Cited "see"
txctapp1 · 2026 · confidence medium
App. 2008); Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
cited Cited as authority (rule) Yunior Reyes Arias v. the State of Texas
txctapp1 · 2026 · confidence medium
See Anders, 386 U.S. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Gaige Porter v. the State of Texas (2×) also: Cited "see"
txctapp1 · 2026 · confidence medium
App. 2008); Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Johnnie Alexander Riles III v. the State of Texas (2×) also: Cited "see"
txctapp1 · 2026 · confidence medium
App. 2008); Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) John Pablo Rios v. the State of Texas (2×) also: Cited "see"
txctapp1 · 2026 · confidence medium
App. 2008); Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) John Pablo Rios v. the State of Texas (2×) also: Cited "see"
txctapp1 · 2026 · confidence medium
App. 2008); Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Shawna Hooey v. the State of Texas (2×)
txctapp1 · 2026 · confidence medium
See Anders, 386 U.S. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Whencise Surlin v. the State of Texas (2×)
txctapp1 · 2026 · confidence medium
See Anders, 386 U.S. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Cirilo Gomez-Lagunas v. the State of Texas (2×)
txctapp1 · 2026 · confidence medium
See Anders, 386 U.S. at 744 ; Ndjock, 2024 WL 4701489 , at *1; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Guadalupe Navarro v. the State of Texas (2×) also: Cited "see"
txctapp1 · 2026 · confidence medium
App. 2008); Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Roxie Denise Lane v. the State of Texas (2×) also: Cited "see"
txctapp1 · 2026 · confidence medium
App. 2008); Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
cited Cited as authority (rule) Scottie Dewayne Nelson v. the State of Texas
txctapp1 · 2025 · confidence medium
See Anders, 386 U.S. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Brian Ward Coulter v. the State of Texas (2×)
Tex. App. · 2025 · confidence medium
See Anders, 386 U.S. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.— Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Jarrett Deondre Stearns v. the State of Texas (2×)
Tex. App. · 2025 · confidence medium
See Anders, 386 U.S. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Jarrett Deondre Stearns v. the State of Texas (2×)
Tex. App. · 2025 · confidence medium
PENAL CODE ANN. § 46.04(a)(2). 2 Anders, 386 U.S. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.— Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Antolin Urquiza Orozco v. the State of Texas (2×)
Tex. App. · 2025 · confidence medium
See id. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no 2 pet.).
discussed Cited as authority (rule) Jude Winsbush v. the State of Texas (2×)
Tex. App. · 2025 · confidence medium
See Anders, 386 U.S. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.— Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Jude Winsbush v. the State of Texas (2×)
Tex. App. · 2025 · confidence medium
See Anders, 386 U.S. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.— Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Nonya Lakisha Smith v. the State of Texas (2×)
Tex. App. · 2025 · confidence medium
See Anders, 386 U.S. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
cited Cited as authority (rule) Brent Michael Derrick v. the State of Texas
Tex. App. · 2025 · confidence medium
See Anders, 386 U.S. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.— Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Rutilio Alavardo Carranza v. the State of Texas (2×)
Tex. App. · 2025 · confidence medium
See Anders, 386 U.S. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).2 We have independently reviewed the entire record, and we conclude that no reversible error exists in the record, there are no arguable grounds for review, and the appeal is frivolous.
discussed Cited as authority (rule) Urick Henry Howell v. the State of Texas (2×)
Tex. App. · 2025 · confidence medium
See id. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.). 2 Counsel’s brief meets the minimum Anders requirements by presenting a professional evaluation of the record and explaining why, after careful review of the record, she is unable to advance any grounds of error warranting reversal.
discussed Cited as authority (rule) Jorge Trevino Cardenas v. the State of Texas (2×) also: Cited "see"
Tex. App. · 2025 · confidence medium
App. 2008); Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Gregory Wayne Chatman II v. the State of Texas (2×)
Tex. App. · 2025 · confidence medium
See Anders, 386 U.S. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Vernon Leon McDonald v. the State of Texas (2×)
Tex. App. · 2025 · confidence medium
See Anders, 386 U.S. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
examined Cited as authority (rule) Daniel a Reyes-Gomez v. the State of Texas (3×)
Tex. App. · 2025 · confidence medium
See Anders, 386 U.S. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
cited Cited as authority (rule) Leslie Eugene Young Jr. v. the State of Texas
Tex. App. · 2025 · confidence medium
See Anders, 386 U.S. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.— Houston [1st Dist.] 2006, no pet.).
cited Cited as authority (rule) Anthony Kizzee v. the State of Texas
Tex. App. · 2025 · confidence medium
PENAL CODE § 12.42(a). 2 See Anders, 386 U.S. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.— Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Robert Goldsmith v. the State of Texas (2×)
Tex. App. · 2025 · confidence medium
See Anders, 386 U.S. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Robert Goldsmith v. the State of Texas (2×)
Tex. App. · 2025 · confidence medium
See Anders, 386 U.S. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Demondrian McWright v. the State of Texas (2×)
Tex. App. · 2025 · confidence medium
See Anders, 386 U.S. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Carlange Joseph v. the State of Texas (2×)
Tex. App. · 2025 · confidence medium
See id. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.). 2 Counsel’s brief meets the minimum Anders requirements by presenting a professional evaluation of the record and explaining why, after careful review of the record, she is unable to advance any grounds of error warranting reversal.
discussed Cited as authority (rule) Pervis C. Comeaux v. the State of Texas (2×)
Tex. App. · 2025 · confidence medium
See id. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
cited Cited as authority (rule) S. J. v. the State of Texas
Tex. App. · 2025 · confidence medium
See Anders, 386 U.S. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.— Houston [1st Dist.] 2006, no pet.).
cited Cited as authority (rule) Angel Mexico v. the State of Texas
Tex. App. · 2025 · confidence medium
See Anders, 386 U.S. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.— Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Quinton Terel Randolph v. the State of Texas (2×)
Tex. App. · 2024 · confidence medium
See Anders, 386 U.S. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Quinton Terel Randolph v. the State of Texas (2×)
Tex. App. · 2024 · confidence medium
See Anders, 386 U.S. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Carlange Joseph v. the State of Texas (2×)
Tex. App. · 2024 · confidence medium
See id.; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, 2 no pet.).
discussed Cited as authority (rule) Albert Oum Ndjock v. the State of Texas (2×)
Tex. App. · 2024 · confidence medium
See Anders, 386 U.S. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) In the Matter of M.A.M. v. the State of Texas (2×)
Tex. App. · 2024 · confidence medium
See Anders, 386 U.S. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.— Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Carlos Maldonado v. the State of Texas (2×)
Tex. App. · 2024 · confidence medium
See Anders, 386 U.S. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) William Michael Proctor v. the State of Texas (2×)
Tex. App. · 2024 · confidence medium
See Anders, 386 U.S. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Dantravias Jamal McNeil v. the State of Texas
Tex. App. · 2024 · confidence medium
See Anders, 386 U.S. at 744 (emphasizing that reviewing court—and not counsel—determines, after full examination of proceedings, whether appeal is frivolous); Garner, 300 S.W.3d at 767 (reviewing court must determine whether arguable grounds for review exist); Bledsoe, 178 S.W.3d at 827 (same); Mitchell, 193 S.W.3d at 155 (reviewing court determines whether arguable grounds exist by reviewing entire record).
discussed Cited as authority (rule) Preston Jamal Walker Bailey v. the State of Texas (2×)
Tex. App. · 2024 · confidence medium
See Anders, 386 U.S. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Anselmo Montes v. the State of Texas (2×)
Tex. App. · 2024 · confidence medium
See Anders, 386 U.S. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) In the Matter of J. F. S. a Child v. the State of Texas (2×)
Tex. App. · 2024 · confidence medium
See Anders, 386 U.S. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Javon Lee Gilbert v. the State of Texas (2×)
Tex. App. · 2024 · confidence medium
See Anders, 386 U.S. at 744 ; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
discussed Cited as authority (rule) Cody Carlson v. the State of Texas (2×) also: Cited "see"
Tex. App. · 2024 · confidence medium
App. 2008); Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
Retrieving the full opinion text from the archive…
Donald Ray MITCHELL, Appellant,
v.
the State of Texas, Appellee
01-04-00724-CR, 01-04-00725-CR.
Court of Appeals of Texas.
Mar 23, 2006.
193 S.W.3d 153
Donald Ray Mitchell, Rosharon, pro se. Ted Doebbler, Houston, for Appellant., Charles A. Rosenthal, Jr., District Attorney-Harris County, William J. Del-more, III, Assistant District Attorney, Houston, for Appellee.
Elsa Alcala.
Cited by 393 opinions  |  Published

OPINION

ELSA ALCALA, Justice.

Appellant, Donald Ray Mitchell, appeals from the trial court’s postconviction order and findings, which state that the results of retesting of DNA evidence were “not favorable” to appellant. See former Tex. Code Crem. PROC. Ann. art. 64.04. [1] Appellant’s court-appointed counsel, who has filed a motion to withdraw from representing appellant, has filed an Anders v. State, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967) brief in which he states that no valid grounds for appeal exist and that appellant’s appeal is frivolous. See Anders, 386 U.S. at 744, 87 S.Ct. at 1400. Appellant’s pro se response challenges his appellate counsel’s recommendation and directs our attention to alleged discrepancies between the DNA records submitted for retesting at trial and those analyzed on retesting. We affirm.

Background

A jury found appellant guilty of the felony offenses of aggravated sexual assault and aggravated robbery, and appellant was sentenced to life in prison. See Tex. Pen.Code Ann. §§ 22.021(a)(2)(C), 29.03(a)(1) (Vernon 2003 & Supp.2005). On May 16, 1996, this Court issued an unpublished opinion affirming appellant’s conviction.

On March 19, 2003, court-appointed trial counsel for appellant requested postconviction retesting of the DNA evidence used at appellant’s trial. [2] The motion alleged that[*155] identity was an issue at appellant’s trial and that the State had relied on evidence that allegedly linked appellant to the offenses, specifically, “DNA from the rape victim’s vaginal swab and pants” that “was consistent with DNA extracted from [appellant’s] blood” in a “sequence found that occurs in one out of every 4,730 people.” Appellant’s motion requested that the “evidence containing biological material” be “subjected to newer techniques that provide a reasonable likelihood of result[s] that are more accurate and probative than the results of previous tests.” See Tex. Code Cmm. Proo. Ann. art. 64.01(b)(2) (Vernon Supp.2005) (no change from initial enactment).

On November 19, 2003, the State filed a motion for release of evidence for retesting. As recited in the motion, the State had previously recommended, on July 1, 2003, that the vaginal swab presented as evidence at appellant’s trial be retested by an independent laboratory. On the same day, the trial court signed an order authorizing release of the requested exhibits to the district attorney’s office for transfer to an independent laboratory for retesting. The same order required that the laboratory return the exhibits to the Harris County District Clerk’s office after retesting.

When retesting was completed, the State forwarded the laboratory’s verified report of completed results and filed a motion requesting findings by the trial court pursuant to former article 64.04. The State’s motion stated that the results of testing were “not favorable” to appellant because, on examining DNA from a known blood sample of the complainant, saliva from appellant, and a vaginal smear of the complainant, the DNA profile “obtained from the epithelial fraction of the vaginal smear was a mixture, with the major profile being consistent with the complainant and minor alleles being consistent with [appellant].” The trial court’s order recites its findings that the results of the DNA testing “are not favorable” to appellant and that “it is not reasonably probable that, had the DNA testing results been available before or during the trial of the offense, [appellant] would not have been prosecuted or convicted.” The trial court certified appellant’s right to challenge that order on appeal and appointed counsel to represent appellant on appeal.

Anders Procedure

The brief submitted by appellant’s court-appointed counsel states his professional opinion that there are no arguable grounds for reversal on appeal and that any appeal would, therefore, lack merit. See Anders v. California, 386 U.S. 738, 744, 87 S.Ct. 1396, 1400, 18 L.Ed.2d 493 (1967). Counsel’s brief meets the minimum Anders requirements by presenting a professional evaluation of the record and stating why there are no arguable grounds for reversal on appeal. See Gainous v. State, 436 S.W.2d 137, 138 (Tex.Crim.App.1969). The State has waived its opportunity to file an appellee’s brief to reply to the arguments presented in appellant’s pro se response.

When this Court receives an An-ders brief from a defendant’s court-appointed attorney who asserts that no arguable grounds for appeal exist, we must determine that issue independently by conducting our own review of the entire record. Anders, 386 U.S. at 744, 87 S.Ct. at 1400 (emphasizing that reviewing court— and not counsel — determines, after full examination of proceedings, whether case is “wholly frivolous”); Stafford v. State, 813 S.W.2d 503, 511 (Tex.Crim.App.1991)[*156] (quoting same passage from Anders). In conducting our review, we consider any pro se response that the defendant files to his appointed counsel’s Anders brief. See Bledsoe v. State, 178 S.W.3d 824, 826-28 (Tex.Crim.App.2005).

Our role in this Anders appeal, which includes a pro se response by appellant, is limited to determining whether arguable grounds for appeal exist. Bledsoe, 178 S.W.3d at 827. If we determine that arguable grounds for appeal exist, we must abate the appeal and remand the case to the trial court to allow the court-appointed attorney to withdraw. Id. The trial court must then either appoint another attorney to present all arguable grounds for appeal or, if the defendant wishes, allow the defendant to proceed pro se. Id. We do not rule on the ultimate merits of the issues raised by appellant in his pro se response. Id. If we determine that there are arguable grounds for appeal, appellant is entitled to have new counsel address the merits of the issues raised. Id. “Only after the issues have been briefed by new counsel may [we] address the merits of the issues raised.” Id.

If, on the other hand, we determine, from our independent review of the entire record, that the appeal is wholly frivolous, we may affirm the trial court’s judgment by issuing an opinion in which we explain that we have reviewed the record and have found no reversible error. See id. at 826, 828. The holding that there are no arguable grounds for appeal is subject to challenge by an appellant by a petition for discretionary review filed in the Court of Criminal Appeals. Id. at 827 & n. 6.

In accordance with Anders, 386 U.S. at 744-45, 87 S.Ct. at 1400, and Bledsoe, 178 S.W.3d at 826-27, we have reviewed the record, appellant’s appointed counsel’s Anders brief, and appellant’s pro se response to that brief and conclude that no reversible error exists. Having reached that conclusion, we affirm the judgment of the trial court and grant appellant’s appointed counsel’s motion to withdraw. [3]

Conclusion

We affirm the judgment of the trial court and grant appointed counsel’s motion to withdraw.

1

. "After examining the results of testing under Article 64.03, the convicting court shall hold a hearing and make a finding as to whether the results are favorable to the convicted person. For the purposes of this article, results are favorable if, had the results been available before or during the trial of the offense, it is reasonably probable that the person would not have been prosecuted or convicted.” Act of Apr. 3, 2001, 77th Leg., R.S., ch. 2, § 2, 2001 Tex. Gen. Laws 2, 4 (emphasis added), amended by Act of Apr. 25, 2003, 78th Leg., R.S., ch. 13, § 4, 2003 Tex. Gen. Laws 16, 16 (current version codified at TexCode Crim. Proc. Ann. art. 64.04 (Vernon Supp.2005)).

2

. Because appellant filed his motion on March 19, 2003, the former provisions of chapter 64 governs his case. See Act of May 9, 2003, 78th Leg., R.S., ch 13, § 8, 2003 Tex. Gen. Laws 16, 17. ("A convicted person who submits a motion under Article 64.01 before the effective date of this Act is covered by the law in effect when the motion was submitted,[*155] and the former law is continued in effect for that purpose.")

3

. Appointed counsel still has a duty to inform appellant of the result of this appeal and that he may, on his own, pursue discretionary review in the Court of Criminal Appeals. See Bledsoe v. State, 178 S.W.3d 824, 827 & n. 6 (Tex.Crim.App.2005); Ex Parte Wilson, 956 S.W.2d 25, 27 (Tex.Crim.App.1997); Stephens v. State, 35 S.W.3d 770, 771-72 (Tex.App.Houston [1st Dist.] 2000, no pet.).