Eric Nicholas Gonzales v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 6, 2025
• Docket: 03-24-00525-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-24-00525-CR

Eric Nicholas Gonzales, Appellant

v.

The State of Texas, Appellee

FROM THE 22ND DISTRICT COURT OF COMAL COUNTY NO. CR2021-254B, THE HONORABLE TRACIE WRIGHT-RENEAU, JUDGE PRESIDING

MEMORANDUM OPINION

A jury found Appellant Eric Nicholas Gonzales guilty of first-degree aggravated

kidnapping, first-degree aggravated sexual assault, second-degree aggravated assault with a

deadly weapon, and second-degree assault—family violence by impeding breath or circulation

with a previous conviction. See Tex. Penal Code §§ 20.04(a)(5), 22.01(b-3), 22.02(a)(2),

22.021(a)(1)(A)(ii). Appellant pleaded true to the enhancement paragraph, which alleged that he

had been previously convicted of felony aggravated assault. See id. § 22.02. The trial court

sentenced him to sixty-years’ imprisonment for each offense to run concurrently. See id.

§ 12.42(b), (c)(1). He appeals.

Appellant’s court-appointed attorney has filed a motion to withdraw as counsel

along with a brief concluding that the appeal is frivolous and presents no arguably meritorious

issues. The brief meets the requirements of Anders v. California by presenting a professional

evaluation of the record demonstrating why there are no arguable grounds to be advanced. See 386 U.S. 738, 744 (1967); Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); see

also Penson v. Ohio, 488 U.S. 75, 81–82 (1988). Appellant’s counsel has certified to this Court

that he sent copies of the motion and brief to appellant, advised appellant of his right to examine

the appellate record and file a pro se response, and provided a motion to assist appellant in

obtaining the record. See Kelly v. State, 436 S.W.3d 313, 319–20 (Tex. Crim. App. 2014); see

also Anders, 386 U.S. at 744. Appellant did not file a pro se response.

We have conducted an independent review of the record—including the record

of the trial proceedings and appellate counsel’s brief—and find no reversible error. See Anders,

386 U.S. at 744; Garner, 300 S.W.3d at 766; Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex.

Crim. App. 2005). We agree with counsel that the record presents no arguably meritorious

grounds for review and that the appeal is frivolous.

We affirm the judgment and grant counsel’s motion to withdraw.

__________________________________________ Darlene Byrne, Chief Justice

Before Chief Justice Byrne, Justices Kelly and Ellis

Affirmed

Filed: August 6, 2025

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