Jose Caraballo v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 28, 2024
• Docket: 09-23-00299-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-23-00299-CR __________________

JOSE CARABALLO, Appellant

V.

THE STATE OF TEXAS, Appellee

__________________________________________________________________

On Appeal from the 221st District Court Montgomery County, Texas Trial Cause No. 22-04-04881-CR _______________________________________________________________

MEMORANDUM OPINION

Jose Caraballo appeals his conviction for evading arrest or detention with a

vehicle, a third-degree felony. See Tex. Penal Code Ann. § 38.04(b)(2). After filing

the notice of appeal, the trial court appointed an attorney to represent Caraballo in

his appeal. The attorney discharged his responsibilities to Caraballo by filing an

Anders brief. See Anders v. California, 386 U.S. 738, 744 (1967).

In the brief, Caraballo’s attorney represents there are no arguable reversible

errors to be addressed in Caraballo’s appeal. See id.; High v. State, 573 S.W.2d 807

1 (Tex. Crim. App. 1978). The brief the attorney filed contains a professional

evaluation of the record. In the brief, Caraballo’s attorney explains why, under the

record in Caraballo’s case, no arguable issues exist to reverse the trial court’s

judgment. Id. Caraballo’s attorney also represented that he sent Caraballo a copy of

the brief and the record. When the brief was filed, the Clerk of the Ninth Court of

Appeals notified Caraballo, by letter, that he could file a pro se brief or response

with the Court on or before March 11, 2024. Caraballo did not file a response.

When an attorney files an Anders brief, we are required to independently

examine the record and determine whether the attorney assigned to represent the

defendant has a non-frivolous argument that would support the appeal. Penson v.

Ohio, 488 U.S. 75, 80 (1988) (citing Anders, 386 U.S. at 744). After reviewing the

clerk’s record, the reporter’s record, and the attorney’s brief, we agree there are no

arguable grounds to support the 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.”). Thus, it follows the appeal is frivolous. Id. at

826-27. For that reason, we need not require the trial court to appoint another

attorney to re-brief the appeal. See Stafford v. State, 813 S.W.2d 503, 511 (Tex.

Crim. App. 1991).

2 The trial court’s judgment is affirmed. 1

AFFIRMED.

KENT CHAMBERS Justice

Submitted on June 27, 2024 Opinion Delivered August 28, 2024 Do Not Publish

Before Johnson, Wright and Chambers, JJ.

1Caraballo may challenge our decision in the case by filing a petition for discretionary review. See Tex. R. App. P. 68. 3