Juan Gamez, Jr. v. the State of Texas

CourtCourt of Appeals of Texas
DecidedSeptember 30, 2025
Docket03-25-00389-CR
StatusPublished

This text of Juan Gamez, Jr. v. the State of Texas (Juan Gamez, Jr. v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Juan Gamez, Jr. v. the State of Texas, (Tex. Ct. App. 2025).

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00389-CR

Juan Gamez, Jr., Appellant

v.

The State of Texas, Appellee

FROM THE COUNTY COURT AT LAW NO. 9 OF TRAVIS COUNTY NO. C-1-CR-24-207353, THE HONORABLE KIM WILLIAMS, JUDGE PRESIDING

MEMORANDUM OPINION

A jury found appellant Juan Gamez, Jr. guilty of indecent exposure, a class B

misdemeanor. See Tex. Penal Code § 21.08. The trial court sentenced appellant to one hundred

days’ confinement in the Travis County Jail.

Appellant’s court-appointed attorney has filed a motion to withdraw supported by

a brief concluding that the appeal is frivolous and without merit. 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. To date, no pro se response has been filed.

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

the proceedings below 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 the appeal is frivolous.

Counsel’s motion to withdraw is granted. The trial court’s judgment of

conviction is affirmed.

__________________________________________ Maggie Ellis, Justice

Before Chief Justice Byrne, Justices Crump, and Ellis

Affirmed

Filed: September 30, 2025

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
Penson v. Ohio
488 U.S. 75 (Supreme Court, 1988)
Bledsoe v. State
178 S.W.3d 824 (Court of Criminal Appeals of Texas, 2005)
Garner v. State
300 S.W.3d 763 (Court of Criminal Appeals of Texas, 2009)
Kelly, Sylvester
436 S.W.3d 313 (Court of Criminal Appeals of Texas, 2014)

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