David Elias Barrera v. the State of Texas

Opinion

In the

Court of Appeals Second Appellate District of Texas at Fort Worth

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No. 02-25-00210-CR

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DAVID ELIAS BARRERA, Appellant V.

THE STATE OF TEXAS

On Appeal from Criminal District Court No. 1 Tarrant County, Texas

Trial Court No. 1868848

Before Birdwell, Bassel, and Walker, JJ.

Memorandum Opinion by Justice Walker

MEMORANDUM OPINION

A jury convicted Appellant David Elias Barrera on two counts of aggravated sexual assault of a child and one count of indecency with a child by contact.1 It assessed his punishment at fifteen years’ imprisonment and a $10,000 fine on the first aggravated-sexual-assault-of-a-child count, twenty years’ imprisonment on the second aggravated-sexual-assault-of-a-child count, and five years’ imprisonment on the indecency-with-a-child count. The trial court sentenced Barrera accordingly, and he timely filed a notice of appeal.

After determining that Barrera’s appeal was frivolous, Barrera’s court-

appointed appellate counsel (Counsel) filed a motion to withdraw as counsel and, in support of that motion, a brief. See Anders v. California, 386 U.S. 738, 744–45, 87 S. Ct. 1396, 1400 (1967). Counsel’s motion and brief meet the requirements of Anders by presenting a professional evaluation of the record demonstrating why there are no arguable grounds for relief. See id. at 744, 87 S. Ct. at 1400. Additionally, in compliance with Kelly v. State, counsel provided Barrera with copies of the brief and motion to withdraw; he informed Barrera of his rights to file a pro se response, to review the record, and to seek discretionary review pro se should this court declare his appeal frivolous; and he sent Barrera a form motion for pro se access to the appellate record. See 436 S.W.3d 313, 319 (Tex. Crim. App. 2014). Barrera signed and filed the

The jury also acquitted Barrera on one count of aggravated sexual assault of a 1

child.

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form motion to access the appellate record, which we granted. After the trial court clerk certified to us that she had sent the appellate record to Barrera, we informed Barrera by letter dated December 29, 2025, that his pro se response must be filed on or before February 27, 2026, and that if he did not file his brief on or before that due date, then we would assume that he did not intend to file a brief. Barrera has not filed a brief. The State filed a letter indicating that it agrees with Counsel that Barrera’s appeal is frivolous.

We have thoroughly reviewed the record and Counsel’s brief and have determined that this appeal is wholly frivolous and without merit. We find nothing in the record that might arguably support the appeal. See Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex. Crim. App. 2005); see also Meza v. State, 206 S.W.3d 684, 685 n.6 (Tex. Crim. App. 2006). We therefore grant Counsel’s motion to withdraw and affirm the trial court’s judgments.

/s/ Brian Walker

Brian Walker

Justice

Do Not Publish Tex. R. App. P. 47.2(b)

Delivered: August 13, 2026