Anthony S. Jackson v. the State of Texas
CourtTexas Court of Appeals, 4th District (San Antonio)
Date FiledOctober 7, 2026
Docket04-25-00526-CR
StatusPublished
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Full Opinion
Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-25-00526-CR
Anthony S. JACKSON,
Appellant
v.
The STATE of Texas,
Appellee
From the County Court, Sutton County, Texas
Trial Court No. 24-218-CCCR-00120
Honorable Joseph E. Harris, Judge Presiding
Opinion by: Lori Masey Brissette, Justice
Sitting: Lori I. Valenzuela, Justice
Lori Massey Brissette, Justice
Velia J. Meza, Justice
Delivered and Filed: October 7, 2026
REVERSED AND REMANDED
Appellant, Anthony Shannon Jackson, appeals from a judgment adjudicating him guilty of
the misdemeanor offense of interference with public duties. Jackson, proceeding pro se, failed to
file an appellant’s brief. Nevertheless, because the record reveals fundamental error, we reverse
and remand.
04-25-00526-CR
BACKGROUND
Texas Department of Public Safety (“DPS”) Trooper Alejandro Galante was the only
witness who testified at the bench trial held in this matter. According to Trooper Galante, on
January 17, 2024, he conducted a traffic stop on a vehicle travelling at 81 miles per hour in a 65-
mile-per-hour speed zone. Trooper Galante eventually identified the driver as Anthony Shannon
Jackson and the passenger in the vehicle as Athena Jackson. Trooper Galante informed Jackson
that he would be issuing him a warning for speeding and requested, for officer safety, that Jackson
step out of the vehicle. Jackson refused, and after multiple requests, Trooper Galante attempted to
physically remove Jackson from the vehicle before calling for backup. With the assistance of a
DPS supervisor who arrived on the scene, Jackson was eventually persuaded to exit the vehicle.
Jackson was placed under arrest for interfering with public duties.
Jackson was subsequently charged by information with the offense of interference with
public duties, a class B misdemeanor. See TEX. PENAL CODE. ANN. § 38.15. Before trial, Jackson
signed a “Waiver of Right to Counsel and Request to Discuss the Case with County Attorney.” On
July 17, 2025, Jackson signed a jury trial waiver and proceeded pro se to a bench trial. The trial
court found Jackson guilty as charged in the information and assessed punishment at sixty days
confinement and a $500 fine. The sentence was suspended, and Jackson was placed on a six-month
probation period. He timely appealed.
The appellant’s brief was originally due on October 15, 2025. See TEX. R. APP. P. 4.1(a);
38.6(a). No brief was filed by that date, and on October 31, 2025, this court notified Jackson of
the deficiency and directed him to file a response. Because Jackson was proceeding pro se, we
abated the appeal and remanded it to the trial court to conduct a hearing to admonish Jackson on
the dangers and disadvantages of self-representation and to make findings of fact and conclusions
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of law as to whether his decision to proceed pro se in his appeal is knowingly and intelligently
made. See Blankenship v. State, 673 S.W.2d 578, 583 (Tex. Crim. App. 1984) (acknowledging a
defendant’s right to self-representation, but “[i]n order to completely and intelligently choose self-
representation, the defendant should be made aware of the dangers and disadvantages of self-
representation”). Additionally, because Jackson failed to file a brief, we ordered the trial court to
conduct a hearing consistent with Texas Rule of Appellate Procedure 38.8(b). See TEX. R. APP. P.
38.8(b)(2), (3). The trial court found Jackson was competent to waive the right to counsel, his
decision to proceed without counsel was knowingly, voluntarily, and intelligently made, and he
wished to prosecute his appeal. Thereafter, we reinstated the appeal and ordered Jackson’s brief
due on or before March 27, 2026.
Jackson failed to file a brief by that deadline. Consequently, we notified Jackson that the
case would be submitted without briefs if no response were received by April 27, 2026. To date,
Jackson has not filed a brief or response in this court. We submitted the appeal without briefs on
May 28, 2026. See TEX. R. APP. P. 38.8(b)(4). Thereafter, we sought a supplemental clerk’s record
because the clerk’s record did not include the trial court’s docket sheet. See TEX. R. APP. P.
34.5(a)(3) (requiring clerk’s record to include docket sheet); id. R. 34.5(c), (d) (providing for
supplementation of clerk’s record and correction if defective). On August 21, 2026, the trial court
clerk filed a supplemental clerk’s record with trial court’s “Register of Actions.” The register
shows that two pre-trial hearings were held in this matter. We issued an order directing the court
reporter to supplement the reporter’s record with transcripts from the two pre-trial hearings shown
on the register. See id. R. 34.6(d) (providing for supplementation of reporter’s record). On August
26, 2026, the trial court filed a notice that no record was made of either pre-trial hearing.
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FUNDAMENTAL ERROR
An appellant’s failure to file an appellant’s brief in a criminal case does not authorize the
dismissal of a case. TEX. R. APP. P. 38.8(b)(1); see also TEX. CODE CRIM. PROC. art. 44.33(b)
(stating appellant’s failure to file his brief in the time prescribed shall not authorize dismissal of
appeal by court of appeals). An “appellate court may consider [an] appeal without briefs, as justice
may require.” TEX. R. APP. P. 38.8(b)(4). “When an appellant fails to file a brief, we may submit
the case without briefs and review the entire record, in the interest of justice, to determine if the
record reveals fundamental error.” Washington v. State, No. 01-13-01038-CR, 2015 WL 7300511,
at *2 (Tex. App.—Houston [1st Dist.] Nov. 19, 2015, no pet.) (mem. op., not designated for
publication); see also Lott v. State, 874 S.W.2d 687, 688 (Tex. Crim. App. 1994) (submitting pro
se appellant’s case without briefs and reviewing record for fundamental error); Cooper v. State,
No. 05-21-01002-CR, 2023 WL 6475647, at *2 (Tex. App.—Dallas Oct. 5, 2023, pet. ref’d) (mem.
op., not designated for publication) (collecting cases where criminal appeals were submitted
without pro se appellants’ briefs and records were reviewed for fundamental error).
Fundamental error is error so egregious and harmful that an accused has not had a fair and
impartial trial. Almanza v. State, 686 S.W.2d 157, 172 (Tex. Crim. App. 1985) (op. on reh’g).
Fundamental errors include: (1) denial of the right to counsel; (2) denial of the right to a jury trial;
(3) denial of ten days’ preparation before trial for appointed counsel; (4) absence of jurisdiction
over the defendant; (5) absence of subject-matter jurisdiction; (6) prosecution under a penal statute
that does not comply with the Separation of Powers Section of the state constitution; (7) jury charge
errors resulting in egregious harm; (8) holding trials at a location other than the county seat; (9)
prosecution under an ex post fact law; and (10) comments by a trial judge which taint the
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presumption of innocence. See Saldano v. State, 70 S.W.3d 873, 888–89 (Tex. Crim. App. 2002);
Burton v. State, 267 S.W.3d 101, 103 (Tex. App.—Corpus Christi–Edinburg 2008, no pet.).
RIGHT TO COUNSEL
Based on the record before us, we conclude that Jackson’s trial was rendered fundamentally
unfair and unreliable because he was denied the right to counsel.
A. Applicable Law
“Criminal defendants in misdemeanor cases are entitled to counsel if there exists a
possibility that imprisonment may be imposed.” Jordan v. State, 571 S.W.2d 883, 884 (Tex. Crim.
App. 1978); see TEX. PENAL CODE ANN. § 38.15(b) (interference with public duties is a Class B
misdemeanor); id. § 12.22 (setting punishment for Class B misdemeanor as confinement in jail for
a term not to exceed 180 days, a fine not to exceed $2,000, or both). While a defendant has a
constitutional right to the assistance of counsel, criminal defendants also have a constitutional right
to self-representation. Osorio-Lopez v. State, 663 S.W.3d 750, 756 (Tex. Crim. App. 2022) (citing
U.S. CONST. amend. VI; TEX. CONST. art. I § 10; Faretta v. California, 422 U.S. 806, 819 (1975)).
Where a defendant wishes to assert his constitutional right to self-representation, the right to
counsel must be waived and the right of self-representation must be asserted. Osorio-Lopez, 663
S.W.3d at 756 (citing Brown v. Wainright, 665 F.2d 607, 610 (5th Cir. 1982)).
A waiver of the right to counsel must be knowingly, intelligently, and voluntarily made.
See TEX. CRIM. PROC. art. 1.051(g); Faretta, 422 U.S. at 834–36. A voluntary decision is one made
free of coercion. Collier v. State, 959 S.W.2d 621, 626 (Tex. Crim. App. 1997). The decision to
waive counsel “is made ‘knowingly and intelligently’ if it is made with a full understanding of the
right to counsel, which is being abandoned, as well as the dangers and disadvantages of self-
representation.” Id. (citing Faretta, 422 U.S. at 834–36). A full understanding of the right to
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counsel includes the right to appointed counsel for indigent defendants, and the trial court has a
duty to inquire whether the defendant desires and is eligible for appointment of counsel. Fernandez
v. State, 283 S.W.3d 25, 28–30 (Tex. App.—San Antonio 2009, no pet.).
A defendant’s assertion of the right to self-representation “must be clear and unequivocal.”
Osorio-Lopez, 663 S.W.3d at 756. Furthermore, a court’s responsibility does not end when a
defendant represents that he is informed of the right to counsel and desires to waive it. Blankenship,
673 S.W.2d at 583 (citing Von Moltke v. Gillies, 332 U.S. 708, 723 (1948)). “Judges must take an
active role in assessing the defendant’s waiver of counsel.” Blankenship, 673 S.W.2d at 583. The
record must contain proper admonishments concerning pro se representation and the record should
reflect that the admonishments were given to the defendant before any act of self-representation.
Goffney v. State, 843 S.W.2d 583, 584–85 (Tex. Crim. App. 1992) (citing Blankenship, 673
S.W.2d at 583). While there is no formulaic line of questioning to establish a knowing and
intelligent waiver, the trial court should typically inquire into the accused’s age, background,
education, and experience. See Blankenship, 673 S.W.2d at 583; Ford v. State, 870 S.W.2d 155,
158 (Tex. App.—San Antonio 1993, pet. ref’d); Calcorone v. State, 675 S.W.2d 785, 786 (Tex.
App.—Houston [14th Dist.] 1984, no pet.). “Although a defendant need not himself have the skill
and experience of a lawyer in order competently and intelligently to choose self-representation, he
should be made aware of the dangers and disadvantages of self-representation, so that the record
will establish that he knows what he is doing and his choice is made with eyes open.” Faretta, 422
U.S. at 835 (citation omitted).
“Given the fundamental nature of the right to counsel, courts indulge every reasonable
presumption against the validity of a waiver of counsel.” Fernandez, 283 S.W.3d at 28–29 (citing
Williams v. State, 252 S.W.3d 353, 356 (Tex. Crim. App. 2008)). Allowing a defendant to represent
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himself without a valid waiver of the right to counsel denies that defendant the right to counsel.
Williams, 252 S.W.3d at 358–59. The denial of the right to counsel is reversible error that is not
subject to a harm analysis. Fernandez, 283 S.W.3d at 30; see TEX. R. APP. P. 44.2(a).
B. Analysis
Here, there is no evidence that Jackson clearly and unequivocally asserted his right to self-
representation or knowingly and intelligently waived his right to counsel before his trial. 1
First, there is no indication that Jackson made a “clear and unequivocal” assertion of the
right to self-representation. See Osorio-Lopez, 663 S.W.3d at 756. Before trial, Jackson signed a
document entitled “Waiver of Right to Counsel by Defendant and Request to Discuss Case with
County Attorney.” However, this document does not clearly and unequivocally assert Jackson’s
right to self-representation because he initialed a section on the form stating, “he[] has not made a
decision as to whether or not to represent himself[] nor to apply for court-appointed counsel.”
Additionally, this document does not show a knowing and intelligent waiver of Jackson’s right to
counsel because it states he “wished to temporarily waive [the] right [to counsel] and discuss the
case with the County Attorney.” On the day of trial, Jackson was provided a jury trial waiver that
stated, “I understand that I have the right to have an attorney present here today and if I cannot
afford an attorney I have the right to a court appointed attorney if I am found to be indigent.” While
Jackson signed the waiver, it merely “waived [his] right of a trial by jury,” but did not include an
explicit waiver of the right to counsel. Moreover, it is only after the court has “determine[d] that
the waiver is voluntarily and intelligently made [that] the court shall provide the defendant” with
1
Because the record should reflect that the admonishments were given to the defendant before any act of self-
representation, the trial court’s January 22, 2026, findings of fact and conclusions of law regarding Jackson’s pro se
representation and waiver of counsel on appeal do not suffice. See Goffney v. State, 843 S.W.2d 583, 585 (Tex. Crim.
App. 1992); see also Lott v. State, 874 S.W.2d 687, 687 (Tex. Crim. App. 1994) (“The trial court fully admonished
appellant of the dangers and disadvantages of self-representation prior to trial and prior to this appeal.”).
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a written waiver. See TEX. CODE CRIM. PROC. § 1.051(g); Williams v. State, 194 S.W.3d 568, 579
(Tex. App.—Houston [14th Dist.] 2006) aff’d 252 S.W.3d 353 (Tex. Crim. App. 2008) (“Only
after the trial court has made the determination that the defendant has voluntarily and intelligently
waived her right to counsel is the trial court to provide the defendant with the written waiver.”).
Even were we to assume that Jackson asserted his right to self-representation through these
forms, the record does not reflect that Jackson was given the admonishments necessary to establish
his knowing, intelligent, and voluntary waiver of the right to counsel. See TEX. CRIM. PROC. art.
1.051(g); Faretta, 422 U.S. at 834–36; Goffney, 843 S.W.2d at 584–85. The trial court had a
responsibility, prior to trial, to conduct a “penetrating and comprehensive examination” of
Jackson’s waiver of counsel and thoroughly admonish him of the dangers and disadvantages of
self-representation. Blankenship, 673 S.W.2d at 583; see also Osorio Lopez, 663 S.W.3d at 575;
Williams, 252 S.W.3d at 356 (“The trial judge is responsible for determining whether a defendant’s
waiver is knowing, intelligent, and voluntary.”). Here, there is no indication that this was done.
The clerk’s record contains no document suggesting a penetrating inquiry, and no record was taken
of pre-trial hearings, during which the matter could have been addressed. At the bench trial, the
trial transcript does not show that the trial court inquired into Jackson’s age, background,
education, experience, indigent status, or admonished him of the dangers and disadvantages of
proceeding without representation. See Blankenship, 673 S.W.2d at 583; Ford, 870 S.W.2d at 158.
Instead, the record shows that the only time the trial court inquired into Jackson’s potentially
indigent status was during sentencing when the court was determining whether to assess a fine. 2 It
2
The trial court’s judgment states: “On this day, the Court inquired as to whether Defendant has sufficient resources
or income to immediately pay all or part of the fine and costs assessed in this cause. The Court considered Defendant’s
financial history and all other relevant ability to pay information and finds the follows: Defendant does not have
sufficient resources and income to immediately pay the entire fine and costs imposed herein and is ORDRED to pay
said fine and costs on the date or at the designated interval set forth in the ‘Payment Schedule’ signed by the Court
and Defendant on this day.”
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is not clear from the record that Jackson understood that, if he were indigent, he had a right to
appointed counsel. In fact, the record demonstrates that Jackson may not have fully understood his
right to counsel because he twice requested counsel during sentencing when he was asked to sign
the trial court’s judgment and the “Defendant’s Agreement to Waive the Risk and Needs
Assessment.” The trial court summarily responded “[y]ou’re the one that chose to be your own
attorney today and not have that representation here.” Based on this record, we cannot presume
that Jackson was offered counsel but “intelligently and understandingly” rejected the offer.
Goffney, 843 S.W.2d at 585.
Accordingly, we conclude the record does not show that Jackson’s waiver of counsel was
made knowingly and intelligently. See Id.(“[P]rior to any act of self-representation by the
defendant, the record should reflect that the admonishments were given to the defendant.”);
Fernandez, 283 S.W.3d at 31 (holding because appellant was not sufficiently admonished, his
waiver of the right to counsel was invalid); Williams, 194 S.W.3d at 578–79 (holding appellant’s
waiver was invalid because trial court failed to inquire into appellant’s indigent status and
admonish appellant about her right to appointed counsel); cf. Ford, 870 S.W.2d at 158 (concluding
record was sufficient to show appellant knowingly and intelligently waived the right to counsel
where trial court inquired about appellant’s age, education, and professional experience, sought to
determine whether appellant chose to represent himself because he could not retain a lawyer, and
advised appellant about the disadvantages of self-representation).
“A complete denial of the constitutional right to trial counsel is a structural defect, and
‘prejudice is presumed because the trial has been rendered inherently unfair and unreliable.’”
Fernandez, 283 S.W.3d at 30 (quoting Williams, 252 S.W.3d at 357). Therefore, because Jackson
was allowed to represent himself without a valid waiver, the trial court committed reversible error
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by denying Jackson his constitutional right to be represented by counsel during trial. Williams, 252
S.W.3d at 358–59; Fernandez, 283 S.W.3d at 30 (the denial of the right to counsel “is reversible
error not subject to a harm analysis.”); see also TEX. R. APP. P. 44.2(a).
CONCLUSION
Because the record reveals fundamental error, we reverse the trial court’s judgment and
remand the cause for a new trial. See TEX. R. APP. P. 21.3(a).
Lori Massey Brissette, Justice
DO NOT PUBLISH
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