This question has been addressed in 1 Texas court opinion:
COA13 — January 29, 2026
In this criminal appeal, Anthony David McWilliams challenged a nine-year prison sentence for second-degree felony possession of methamphetamine. The case originated from a motion to adjudicate guilt after McWilliams violated the terms of his deferred adjudication community supervision. McWilliams pleaded 'true' to the violations, leading to his adjudication and sentencing. On appeal, his counsel filed an Anders brief, asserting that the appeal was frivolous. The Thirteenth Court of Appeals performed an independent review of the record and the procedural requirements of the Anders process. Finding no reversible error or arguable grounds for appeal, the court affirmed the trial court’s judgment and granted counsel's motion to withdraw.
Litigation Takeaway
“A final felony conviction for drug possession, particularly with a significant prison sentence, provides nearly irrebuttable evidence of a 'material and substantial change in circumstances' in a family law modification suit. By leveraging the finality of a criminal adjudication where the parent pleaded 'true,' family law practitioners can effectively argue for restricted access or sole managing conservatorship based on the 'best interest of the child' and statutory drug-use prohibitions.”