______________________________________________________________________________ 

NO. 06-15-00047-CR

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IN THE COURT OF APPEALS 

FOR THE 

SIXTH APPELLATE DISTRICT 

AT TEXARKANA, TEXAS 

___________________________________________________________________________ 

MILTON EDWARD GRIGGS APELLANT 

V.

THE STATE OF TEXAS, APPELLEE 

___________________________________________________________________________ 

APPEAL IN CAUSE NUMBER CR1401075 

IN THE COUNTY COURT AT LAW #1 

OF HUNT COUNTY, TEXAS 

JUDGE TIMOTHY S. LINDEN PRESIDIING 

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APPELLE 

PETER GIESEKING 

Assistant County Attorney 

Hunt County, Texas 

Bar Number # 24081640 

Hunt County Court House 

P.O. Box 1097 

Greenville, TX 75403 

(903) 408-4112 

ACCEPTED

061500047CR

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS

7/22/2015 11:12:01 AM

DEBBIE AUTREY

CLERK

 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 7/22/2015 11:12:01 AM DEBBIE AUTREY Clerk
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 TABLE OF CONTENTS

SECTION PAGE

TABLE OF CONTENTS..................................................................................................... i

STATEMENT OF FACTS .................................................................................................1

ARGUMENT.......................................................................................................................1

A. That State agrees with the Appellant in that there is not 

sufficient evidence to suggest ineffective assistance of 

counsel. There is sufficient evidence on record that 

Defendant was aware he was pleading guilty to Class A 

Failure to ID.................................................................................................1

PRAYER..............................................................................................................................3

CERTIFICATE OF WORD COUNT..................................................................................4

CERTIFICATE OF SERVICE ............................................................................................5
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STATEMENT OF FACTS

The State has reviewed the Appellant’s Anders brief’s Statement of Facts 

and agree with the facts set forth in their brief.

ARGUMENT

After reviewing Appellant’s Anders brief the State agrees that there is not 

sufficient evidence to show ineffective assistance of counsel. The trial attorney 

negotiated a plea deal with the State having one of the cases dismissed. The record 

shows trial attorney provided the court with mitigating evidence during the 

hearing. (CR Vol. 1, p. 17-31). The Defendant under oath swears that he went over 

the Waiver of Rights, Confessions, and Agreement with his trial attorney. (CR Vol. 

1, p. 37). The trial attorney offers all of the mitigation evidence from the Motion to 

Revoke hearing in Cause # CR1301005 to be considered in the Failure to ID Cause 

# 1401075. (CR Vol. 1, p. 40). During punishment the State Attorney clearly states 

that the case is a class A misdemeanor on the record and there is no response or 

objection from the Defendant showing that he was unaware that it was indeed a 

class A misdemeanor. (CR Vol. 1, p. 41). Taking all of these things into 

consideration, The State agrees with Appellant’s Anders brief and there is not 

sufficient evidence to show ineffective assistance of counsel.
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After reviewing Appellant’s Pro Se brief, it appears the argument is the 

Defendant’s lack of knowledge that the Defendant was pleading guilty to class A 

misdemeanor but actually a class B misdemeanor. In reviewing the record there is 

no evidence to show Defendant’s lack of understanding at the time of the plea. The 

Defendant under oath swears that he went over the Waiver of Rights, Confessions, 

and Agreement with his trial attorney. (CR Vol. 1, p. 37). During punishment the 

State Attorney clearly states that the case is a class A misdemeanor on the record 

and there is no response or objection from the Defendant showing that he was 

unaware that it was indeed a class A misdemeanor. Additionally the State Attorney

asked for the maximum of 365 days in jail which elicited no response for the 

Defendant. (CR Vol. 1, p. 41). The Defendant had ample opportunity at this point 

to inform the court his lack of understanding of the plea deal. The fact that the 

Defendant on the record stated he went over the agreement and all court documents 

with the attorney before pleading guilty to the Failure to ID Cause # 1401075 and 

the fact he did not objection or make any comments when the State on the record 

stated it was indeed a class A misdemeanor and asked for 365 jail as punishment 

goes to show that the Defendant knew or should have known he was pleading 

guilty to a class A misdemeanor. Therefore there was no evidence to show 

ineffective assistance of counsel in not informing the Defendant as to what he was 

pleading to.
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PRAYER

WHEREFORE, the State respectfully prays this court affirm the judgment 

and conviction herein.

Respectfully submitted,

_________/S/___Peter 

Gieseking_________

PETER GIESEKING

Assistant County Attorney of Hunt County

State Bar Number – 24081640

P.O. Box 1097

Greenville, Texas 75403-324

(903) 408-4112

ATTORNEY FOR THE STATE
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CERTIFICATE OF COMPLIANCE OF TYPEFACE AND WORD COUNT

In accordance with Texas Rules of Appellate Procedure 9.4 (e) and (i), the 

undersigned attorney of record certifies that Appellant’s Brief contains 14 point 

typeface of the body of the brief, 12 point typeface for footnotes in the brief and 

contains 655 words.

/s/ Peter Gieseking 

PETER GIESEKING
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CERTIFICATE OF SERVICE

A true and correct copy of the foregoing State’s Response was served on 

counsel for Appellant.

___/S/___Peter Gieseking________

Peter Gieseking