Gustavo Perez Sr. v. The State of Texas

Summary

The Thirteenth Court of Appeals of Texas affirmed the trial court’s judgment adjudicating Gustavo Perez Sr. guilty after revoking deferred adjudication community supervision for violations of its terms. The court independently reviewed the record under Anders v. California, found no arguable grounds for appeal, and granted appointed counsel’s motion to withdraw.

Holdings

1. After receiving an Anders brief, the court must fully examine the proceedings and record to determine whether the appeal is wholly frivolous. The court conducted that review and found nothing that would arguably support an appeal.
2. Counsel's motion to withdraw should be granted when counsel has complied with Anders and the applicable Texas procedures.
3. The trial court's judgment was affirmed because the independent review disclosed no reversible error or arguable grounds supporting appeal.

Questions Presented

1. Whether independent review of the record disclosed any arguable grounds for reversal under Anders v. California.
2. Whether appointed appellate counsel should be permitted to withdraw after filing an Anders brief.
3. Whether the trial court's judgment adjudicating Perez guilty and assessing punishment should be affirmed.

Disposition

affirmed