Brian Eduardo Nelson v. the State of Texas

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-25-00448-CR

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BRIAN EDUARDO NELSON, Appellant V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 221st District Court Montgomery County, Texas

Trial Cause No. 24-08-12559

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MEMORANDUM OPINION

A grand jury indicted Appellant Brian Eduardo Nelson (“Appellant” or “Nelson”) for assault family violence impeding breath or circulation enhanced by a prior conviction for assault family violence, a second-degree felony. See Tex. Penal Code Ann. § 22.01(b-3). Nelson pleaded “not guilty” to the offense. The jury found Nelson guilty of the offense, and sentenced Nelson to twenty years of confinement. Nelson timely filed an appeal.

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On appeal, Appellant’s court-appointed attorney filed a brief stating that he has reviewed the case and, based on his professional evaluation of the record 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 Nelson to file a pro se brief, and we received no response from Nelson.

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 and counsel’s brief, and we 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 that it considered the issues 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 v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court’s judgment.1

1 Nelson 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.

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AFFIRMED.

LEANNE JOHNSON

Justice

Submitted on May 29, 2026 Opinion Delivered June 3, 2026 Do Not Publish

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