NUMBER 13-10-137-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
GUADALUPE ANDREW CERVANTES, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 214th District Court
of Nueces County, Texas.
MEMORANDUM OPINION
Before Justices Garza, Benavides, and Vela
Memorandum Opinion by Justice Vela
Appellant, Guadalupe Andrew Cervantes, was charged with causing serious
bodily injury with a deadly weapon, involving family violence. TEX. PENAL CODE ANN. §
22.02(b)(1) (Vernon Supp. 2010). He pleaded guilty without a plea bargain agreement
and elected for the jury to assess punishment. Evidence was presented by both sides,
and the jury assessed punishment at life imprisonment. Cervantes was also assessed a
ten thousand dollar fine. We affirm.
I. ANDERS BRIEF
Cervantes’s appellate counsel has filed a motion to withdraw and a brief in support
thereof in which he states that he has diligently reviewed the entire record and has
concluded that there “are no meritorious issues to bring forward for review.” See Anders
v. California, 386 U.S. 738, 744 (1967). In compliance with High v. State, 573 S.W.2d
807, 813 (Tex. Crim. App. [Panel Op.] 1978), counsel has informed this Court that he has
(1) examined the record and has found no arguable grounds to advance on appeal, (2)
served copies of the brief and motion to withdraw on Cervantes; and (3) informed
Cervantes of his right to review the record and to file a pro se response.1 See Anders,
386 U.S. at 744; Stafford v. State, 813 S.W.2d 503, 510 n. 3 (Tex. Crim. App. 1991).
More than an adequate time has passed, and no pro se response has been filed.
II. INDEPENDENT REVIEW
Upon receiving an Anders brief, we must conduct a full examination of all the
proceedings to determine whether the appeal is wholly frivolous. Penson v. Ohio, 488
1
The Texas Court of Criminal Appeals has held that “the pro se response need not comply with the
rules of appellate procedure in order to be considered. Rather, the response should identify for the court
those issues which the indigent appellant believes the court should consider in deciding whether the case
presents any meritorious issues.” In re Schulman, 252 S.W.3d 403, 409 n. 23 (Tex. Crim. App. 2008) (orig.
proceeding) (quoting Wilson v. State, 955 S.W.2d 693, 696-97 (Tex. App.–Waco 1997, no pet.)).
2
U.S. 75, 80 (1988). We have reviewed the record and have found nothing that would
arguably support an appeal. See Bledsoe v. State, 178 S.W.3d 824, 827-28 (Tex. Crim.
App. 2005) (“Due to the nature of Anders briefs, by indicating in the opinion it considered
the issues raised in the brief 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.”);
Stafford, 813 S.W.2d at 509. Accordingly, we affirm the judgment of the trial court.
III. MOTION TO WITHDRAW
In accordance with Anders, Cervantes's counsel has filed a motion to withdraw as
his appellate counsel. See Anders, 386 U.S. at 744; see also In re Schulman, 252
S.W.3d at 408 n. 17 (citing Jeffery v. State, 903 S.W.2d 776, 779-80 (Tex. App.–Dallas
1995, no pet.) (noting that “If an attorney believes the appeal is frivolous, he must
withdraw from representing the appellant. To withdraw from representation, the
appointed attorney must file a motion to withdraw accompanied by a brief showing the
appellate court that the appeal is frivolous.”) (citations omitted)). We grant the motion to
withdraw.
We order that counsel must, within five days of the date of this opinion, send a
copy of the opinion and judgment to Cervantes and advise him of his right to file a petition
for discretionary review.2 See TEX. R. APP. P. 48.4; see also In re Schulman, 252 S.W.3d
2
No substitute counsel will be appointed. Should Cervantes wish to seek further review by the
Texas Court of Criminal Appeals, he 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 must be filed within
thirty days from the date of either this opinion or the last timely motion for rehearing that was overruled by
this Court. See TEX. R. APP. P. 68.2. Any petition for discretionary review must be filed with this Court,
after which it will be forwarded to the Texas Court of Criminal Appeals. See TEX. R. APP. P. 68.3, 68.7.
Any petition for discretionary review must comply with the requirements of Rule 68.4 of the Texas Rules of
Appellate Procedure. See TEX. R. APP. P. 68.4.
3
403, 412 n. 35 (Tex. Crim. App. 2008) (orig. proceeding); Ex parte Owens, 206 S.W.3d
670, 673 (Tex. Crim. App. 2006).
ROSE VELA
Justice
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
20th of January, 2011.
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