Joaquin Garcia v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: September 13, 2023
• Docket: 09-23-00005-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

________________ NO. 09-23-00005-CR ________________

JOAQUIN GARCIA, Appellant

V.

THE STATE OF TEXAS, Appellee

________________________________________________________________________

On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 21-38293 ________________________________________________________________________

MEMORANDUM OPINION

A jury found Appellant Joaquin Garcia guilty of murder and sentenced him to

life in prison within the Texas Department of Criminal Justice. See Tex. Penal Code

Ann. §19.02.

Garcia’s appellate counsel filed an Anders brief that presents counsel’s

professional evaluation of the record and concludes the appeal is frivolous; he

simultaneously filed a motion to withdraw as counsel. See Anders v. California, 386

1 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On May

15, 2023, we granted an extension of time for Garcia to file a pro se brief and notified

him of the deadline for doing so. We received no response from Garcia.

We have reviewed the appellate record, and we agree with counsel’s

conclusion that no arguable issues support the appeal. 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

AFFIRMED.

JAY WRIGHT Justice

Submitted on August 17, 2023 Opinion Delivered September 13, 2023 Do Not Publish

Before Horton, Johnson and Wright, JJ.

1 Garcia may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68. 2