Juan Marquis Council v. the State of Texas
CourtTexas Court of Appeals, 6th District (Texarkana)
Date FiledSeptember 29, 2026
Docket06-26-00050-CR
StatusPublished
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Full Opinion
In the
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-26-00050-CR
JUAN MARQUIS COUNCIL, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 6th District Court
Lamar County, Texas
Trial Court No. 31573
Before Stevens, C.J., van Cleef and Rambin, JJ.
Memorandum Opinion by Justice van Cleef
MEMORANDUM OPINION
A Lamar County jury convicted Juan Marquis Council of possession of a controlled
substance of one gram or more but less than four grams, a third-degree felony. See TEX. HEALTH
& SAFETY CODE ANN. § 481.115(c) (Supp.). The State filed a notice of intention to seek
enhanced punishment due to Council’s prior convictions. See TEX. PENAL CODE ANN. § 12.42(d)
(Supp.). The jury found both enhancement allegations true, and the trial court sentenced Council
to twenty-five years’ imprisonment. Council appeals.
Appellate counsel filed a motion to withdraw as counsel on appeal, stating that he fully
examined the record and reviewed the relevant law, but he found no meritorious issues for
appeal. Appellate counsel also filed an Anders brief in support of his motion to withdraw. See
Anders v. California, 386 U.S. 738, 743–44 (1967). In the Anders brief, appellate counsel set out
the procedural history of the case and provided a review of Council’s pleas of true to the State’s
allegations, the effectiveness of trial counsel, and the legality of the sentence imposed, with
citations to the record and applicable authority. Appellate counsel concluded there was no non-
frivolous argument to be raised with respect to any of these issues.
Appellate counsel certified that he sent a letter to Council providing him with a copy of
the motion and brief, informing him of his rights to review the record and file a brief or response
on his own behalf, informing him of the right to appeal, and explaining the meaning and effect of
an Anders brief. Appellate counsel also sent a copy of the record to Council.
On August 11, 2026, we informed Council that his pro se response was due on or before
September 10. Council filed a response arguing that: (1) since the margin of error was within
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the lower classification (less than one gram), he could only be convicted of a state-jail felony; the
trial court erroneously denied his request to quash the indictment because he told the trial court
that he had never been convicted of a prior felony conviction; (2) his bond was excessive; (3) the
use of his prior federal conviction from federal court violates the double-jeopardy clause;
(4) abuse of power by the trial court and the members of the district attorney’s office placed an
illegal firearm charge, which his civil action against them is based; (5) an illegal indictment
violates his civil liberties that led to the illegal arrest and his restraint; (6) his due process rights
were violated because his trial counsel provided ineffective assistance of counsel by waiving his
arraignment; (7) his Sixth Amendment1 rights were violated based on systemic exclusion of a
particular class from grand jury; (8) the trial court erroneously denied his request for an
evidentiary hearing to be heard on a mistake of fact of the weight of the controlled substance;
(9) the trial court improperly ignored his objection to an inaccurate enhancement paragraph in
the indictment; (10) his sentence was improperly enhanced to a minimum of twenty-five years
where his underlying offense was only a state-jail felony; (11) the trial court erred by using his
prior conviction to prove an essential element of an offense which bars the subsequent use of that
prior conviction in the same indictment for enhancement purposes; and (12) the State
vindictively charged a more serious crime and sought a more severe penalty than is proper in
retaliation for his lawful exercise of a constitutional right and failed to show the police recording
as an attempt to avoid required disclosure or to persuade the jury to wrongly convict a defendant
or an unjustified punishment.
1
See U.S. CONST. amend. VI.
3
Appellate counsel’s actions comply with an appointed counsel’s responsibilities when
filing an Anders brief and a motion to withdraw in accordance with Kelly v. State. See Kelly v.
State, 436 S.W.3d 313, 318–20 (Tex. Crim. App. 2014). Appellate counsel’s professional
evaluation of the record demonstrates why there are no arguable grounds to be raised on appeal
and meets the requirements of Anders. See Anders, 386 U.S. at 743–44; Kelly, 436 S.W.3d at
318–20.
After our independent review of the entire appellate record, we have independently
determined “that there are no non-frivolous grounds for appeal.” See Kelly, 436 S.W.3d at 318
n.16. In the Anders context, once we determine that the appeal is without merit, we must affirm
the trial court’s judgment. See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App.
2005). Thus, we affirm the trial court’s judgment.2
Charles van Cleef
Justice
Date Submitted: September 22, 2026
Date Decided: September 29, 2026
Do Not Publish
2
Since we agree that this case presents no non-frivolous grounds for appeal, we also, in accordance with Anders,
grant appellate counsel’s request to withdraw from further representation of Appellant in this case. See Anders, 386
U.S. at 744. No substitute counsel will be appointed. Should Appellant desire to seek further review of this case by
the Texas Court of Criminal Appeals, Appellant must either retain an attorney to file a petition for discretionary
review or file a pro se petition for discretionary review. Any petition for discretionary review (1) must be filed
within thirty days from either the date of this opinion or the date on which the last timely motion for rehearing was
overruled by this Court, see TEX. R. APP. P. 68.2, (2) must be filed with the clerk of the Texas Court of Criminal
Appeals, see TEX. R. APP. P. 68.3, and (3) should comply with the requirements of Rule 68.4 of the Texas Rules of
Appellate Procedure, see TEX. R. APP. P. 68.4.
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