Juan Manuel Arevalos v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 30, 2021
• Docket: 05-19-00466-CR
• Status: Published

Opinion

AFFIRMED and Opinion Filed June 30, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00466-CR

JUAN MANUEL AREVALOS, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 194th Judicial District Court Dallas County, Texas Trial Court Cause No. F-1900219-M

MEMORANDUM OPINION Before Chief Justice Burns, Justice Goldstein, and Justice Garcia Opinion by Justice Garcia Appellant was convicted of aggravated sexual assault of a child under fourteen

years of age and the trial court assessed punishment at fifteen years in prison.

On appeal, appellant’s counsel has filed a brief in which he concludes the

appeal is frivolous and without merit. The brief meets the requirements of Anders v.

California, 386 U.S. 738 (1967). The brief presents a professional evaluation of the

record showing why, in effect, there are no arguable grounds to advance. See High

v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. [Panel Op.] 1978) (determining

whether brief meets requirements of Anders). Counsel delivered a copy of the brief

to appellant. We advised appellant of his right to file a pro se response, but he did not file a pro se response. See Kelly v. State, 436 S.W.3d 313, 319–21 (Tex. Crim.

App. 2014) (noting appellant has right to file pro se response to Anders brief filed

by counsel).

As required, appellant’s counsel has moved for leave to withdraw and has

provided appellant with a copy of the motion. See In re Schulman, 252 S.W.3d 403,

407 (Tex. Crim. App. 2008) (orig. proceeding). We carried the motion for

consideration with the merits.

Having reviewed the record, we agree with counsel that this appeal is wholly

frivolous and without merit; we find nothing in the record before us that arguably

might support the appeal. See Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex. Crim.

App. 2005); see also Meza v. State, 206 S.W.3d 684, 685 n.6 (Tex. Crim. App.

2006). Accordingly, we grant counsel’s motion to withdraw and affirm the trial

court’s judgment.

/Dennise Garcia/ DENNISE GARCIA JUSTICE

Do Not Publish TEX. R. APP. P. 47.2(b) 191466F.U05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

JUAN MANUEL AREVALOS, On Appeal from the 194th Judicial Appellant District Court, Dallas County, Texas Trial Court Cause No. F19-00219-M. No. 05-19-00466-CR V. Opinion delivered by Justice Garcia. Chief Justice Burns and Justice THE STATE OF TEXAS, Appellee Goldstein participating.

Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED.

Judgment entered June 30, 2021

–3–