William Jason Perez v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 30, 2024
• Docket: 03-24-00105-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-24-00105-CR

William Jason Perez, Appellant

v.

The State of Texas, Appellee

FROM THE 207TH DISTRICT COURT OF HAYS COUNTY NO. CR-23-0118-B, THE HONORABLE TRACIE WRIGHT-RENEAU, JUDGE PRESIDING

MEMORANDUM OPINION

A jury found Appellant William Jason Perez guilty of second-degree sexual

assault and assessed punishment at ten-years’ imprisonment and assessed a $10,000 fine. See

Tex. Penal Code §§ 12.33; 22.011(a)(1), (f). On the jury’s recommendation, the trial court

suspended his sentence and placed him on community supervision for ten years. See Tex. Code

Crim. Proc. art. 42A.053. He appeals.

Appellant’s court-appointed attorney has filed a motion to withdraw as counsel

along with a brief concluding that the appeal is frivolous and presents no arguably meritorious

issues. 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 copy of the appellate record. See

Kelly v. State, 436 S.W.3d 313, 319–20 (Tex. Crim. App. 2014); see also Anders, 386 U.S.

at 744.

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

of the trial 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 that the appeal is frivolous.

We affirm the judgment and grant counsel’s motion to withdraw.

__________________________________________ Darlene Byrne, Chief Justice

Before Chief Justice Byrne, Justices Triana and Kelly

Affirmed

Filed: August 30, 2024

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