Juan Guerra v. the State of Texas

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION

No. 04-25-00392-CR

Juan GUERRA, Appellant

v.

The STATE of Texas, Appellee

From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR5471 Honorable Frank J. Castro, Judge Presiding

Opinion by: Lori I. Valenzuela, Justice

Sitting: Lori I. Valenzuela, Justice Adrian A. Spears II, Justice H. Todd McCray, Justice

Delivered and Filed: March 11, 2026

AFFIRMED; MOTION TO WITHDRAW GRANTED

Appellant Juan Guerra was indicted for murder. Guerra pled not guilty. After a four-day

trial, the jury found Guerra guilty. During the punishment phase, the trial court found two repeat

offender allegations to be true and sentenced Guerra to life imprisonment. The trial court certified

Guerra’s right to appeal.

On appeal, appellate counsel filed a brief in which he concludes this appeal is frivolous

and without merit, and requests to withdraw as counsel. The brief demonstrates a professional and 04-25-00392-CR

thorough evaluation of the record and meets the requirements of Anders v. California, 386 U.S.

738 (1967) and High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978).

As required, appellate counsel provided Guerra with a copy of the brief and informed him

of his right to review the record and file his own pro se brief. See Kelly v. State, 436 S.W.3d 313,

319 (Tex. Crim. App. 2014). Guerra did not file a pro se brief, and the State filed a waiver of its

right to file a brief.

We have thoroughly and independently reviewed the entire record and appellate counsel’s

brief. We find that (1) no reversible error exists in the record, (2) there are no arguable grounds for

review, and (3) therefore, the appeal is frivolous. Anders, 386 U.S. at 744 (emphasizing that

reviewing court—not counsel—determines, after full examination of proceedings, whether appeal

is wholly frivolous); Garner v. State, 300 S.W.3d 763, 767 (Tex. Crim. App. 2009) (reviewing

court must determine whether arguable grounds for review exist); Bledsoe v. State, 178 S.W.3d

824, 826–27 (Tex. Crim. App. 2005). Because we conclude that the appeal is without merit, we

grant the request to withdraw filed by appellate counsel and affirm the trial court’s judgment. See

id.

No substitute counsel will be appointed. Should Guerra wish to seek further review of this

case by the Texas Court of Criminal Appeals, he must either retain an attorney to file a petition for

discretionary review or file a pro se petition for discretionary review. Any petition for discretionary

review must be filed within thirty days from the date of either this opinion or the last timely motion

for rehearing that is overruled by this court. See TEX. R. APP. P. 68.2. Any petition for discretionary

review must be filed in the Court of Criminal Appeals. See id. 68.3. Any petition for discretionary

review must comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure.

See id. 68.4.

Lori I. Valenzuela, Justice DO NOT PUBLISH -2-