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William Mitchell Keen v. State of Texas — Indecency with Child, Nine-Year Sentence, Affirmed

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Summary

The Texas Court of Appeals, Ninth District at Beaumont affirmed the conviction and nine-year sentence of William Mitchell Keen for indecency with a child, a third-degree felony under Texas Penal Code § 21.11. Keen was tried before a jury that found him guilty and assessed punishment at nine years of confinement. On appeal, Keen filed a pro se brief after his court-appointed appellate attorney filed an Anders brief identifying no arguable grounds for reversal. The appellate court conducted a full examination of the record and found no reversible error.

“Upon receiving an Anders brief, this Court must conduct a full examination of the record to determine whether the appeal is wholly frivolous.”

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The Texas Courts of Appeals are intermediate appellate courts that hear every appeal from Texas district and county courts before cases reach the Texas Supreme Court or Court of Criminal Appeals. Together they publish around 290 opinions a month across civil, criminal, family, probate, and administrative cases. Texas's economy and legal volume mean the courts generate significant precedent on energy, oil and gas, commercial real estate, employment, and family law that affects multistate clients. GovPing tracks every published opinion via CourtListener's mirror, with case name, parties, court division, and outcome. Watch this if you litigate in Texas, advise on energy or land disputes, or track how Texas courts treat federal questions in commercial cases.

What changed

The appellate court affirmed the trial court's judgment in its entirety, upholding both the guilty verdict and the nine-year sentence assessed by the jury. The court determined the appeal was wholly frivolous after reviewing the Anders brief, the appellant's pro se brief, and the complete trial record, finding nothing that would arguably support an appeal. The court declined to appoint new counsel to re-brief the issues. Keen may seek further review by filing a petition for discretionary review with the Texas Court of Criminal Appeals.

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Apr 24, 2026

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April 22, 2026 Get Citation Alerts Download PDF Add Note

William Mitchell Keen v. the State of Texas

Texas Court of Appeals, 9th District (Beaumont)

Disposition

Affirmed

Lead Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont


NO. 09-25-00143-CR


WILLIAM MITCHELL KEEN, Appellant

V.

THE STATE OF TEXAS, Appellee


On Appeal from the 9th District Court
Montgomery County, Texas
Trial Cause No. 24-03-04315-CR


MEMORANDUM OPINION

A grand jury indicted Appellant William Mitchell Keen (“Appellant” or

“Keen”) for indecency with a child, a third-degree felony. See Tex. Penal Code Ann.

§ 21.11 (a)(2)(A), (d). Keen pleaded “not guilty” to the charge and the jury found

Keen guilty. After hearing evidence on punishment, the jury assessed punishment at

nine years of confinement. Keen timely filed a notice of appeal.

On appeal, Appellant’s court-ordered appellate attorney filed a brief stating

that he has reviewed the case and, based on his professional evaluation of the record

1
and applicable law, there are no arguable grounds for reversal. See Anders v.

California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App.

1978). We granted an extension of time for Keen to file a pro se brief, and Keen filed

a pro se brief.

The Court of Criminal Appeals has held that when a court of appeals receives

an Anders brief and also receives a pro se brief, the appellate court has two choices.

See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). “It may

determine that the appeal is wholly frivolous and issue an opinion explaining that it

has reviewed the record and finds no reversible error[;] [o]r, it may determine that

arguable grounds for appeal exist and remand the cause to the trial court so that new

counsel may be appointed to brief the issues.” Id. (citing Anders, 386 U.S. at 744;

Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991)). We do not address

the merits of each claim raised in an Anders brief or a pro se brief when we have

determined there are no arguable grounds for review. Id. at 827.

Upon receiving an Anders brief, this Court must conduct a full examination

of the record to determine whether the appeal is wholly frivolous. Penson v. Ohio,

488 U.S. 75, 80 (1988) (citing Anders, 386 U.S. at 744). We have reviewed the entire

record, counsel’s brief, and Keen’s pro se brief, and we have found nothing that

would arguably support an appeal. See Bledsoe, 178 S.W.3d at 827-28 (“Due to the

nature of Anders briefs, by indicating in the opinion that it considered the issues

2
raised in the briefs and reviewed the record for reversible error but found none, the

court of appeals met the requirements of Texas Rule of Appellate Procedure 47.1.”).

Therefore, we find it unnecessary to order appointment of new counsel to re-brief

the appeal. Cf. Stafford, 813 S.W.2d at 511. We affirm the trial court’s judgment. 1

AFFIRMED.

LEANNE JOHNSON
Justice

Submitted on April 15, 2026
Opinion Delivered April 22, 2026
Do Not Publish

Before Golemon, C.J., Johnson and Chambers, JJ.

1
Keen may challenge our decision in this case by filing a petition for
discretionary review with the Texas Court of Criminal Appeals. See Tex. R. App. P.
68.
3

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Last updated

Classification

Agency
TX Courts
Filed
April 22nd, 2026
Instrument
Enforcement
Branch
Judicial
Legal weight
Binding
Stage
Final
Change scope
Substantive
Docket
09-25-00143-CR

Who this affects

Applies to
Criminal defendants
Industry sector
9211 Government & Public Administration
Activity scope
Criminal sentencing Appellate review Anders brief review
Geographic scope
Texas US-TX

Taxonomy

Primary area
Criminal Justice
Operational domain
Legal
Topics
Judicial Administration

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