Sheila Virginia Martinez v. the State of Texas
This text of Sheila Virginia Martinez v. the State of Texas (Sheila Virginia Martinez 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.
Opinion
In The
Court of Appeals
Ninth District of Texas at Beaumont
________________ NO. 09-24-00208-CR ________________
SHEILA VIRGINIA MARTINEZ, Appellant
V.
THE STATE OF TEXAS, Appellee ________________________________________________________________________
On Appeal from the County Court at Law Liberty County, Texas Trial Cause No. 23CC-CR-01051-CR ________________________________________________________________________
MEMORANDUM OPINION
Pursuant to a plea bargain agreement, Appellant Sheila Virginia Martinez
pleaded guilty to assault causing bodily injury to a family member and was placed
on deferred adjudication community supervision. See Tex. Penal Code Ann. §
22.01(a)(1). The trial court found that Martinez violated multiple conditions of her
community supervision and revoked her probation. The trial court then adjudicated
her guilty and sentenced her to one year in jail plus a $200 fine. The trial court also
gave her credit for serving fifteen days.
1 Martinez’s appellate counsel filed an Anders brief that presents counsel’s
professional evaluation of the record and concludes the appeal is frivolous. See
Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex.
Crim. App. 1978). On September 25, 2024, we granted an extension of time for
Martinez to file a pro se brief. We received no response from Martinez.
Upon receiving an Anders brief, this Court must conduct a full examination
of all the proceedings to determine whether the appeal is wholly frivolous. Penson
v. Ohio, 488 U.S. 75, 80 (1988) (citing Anders, 386 U.S. at 744). 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.
KENT CHAMBERS Justice
Submitted on March 11, 2025 Opinion Delivered March 12, 2025 Do Not Publish
Before Golemon, C.J., Wright and Chambers, JJ.
1Martinez may challenge our decision in this case by filing a petition for
discretionary review with the Texas Court of Criminal Appeals. See Tex. R. App. P. 68. 2
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
Sheila Virginia Martinez v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheila-virginia-martinez-v-the-state-of-texas-texapp-2025.