Opinion
No. 02-19-00378-CR No. 02-19-00379-CR
03-18-2021
DANIELLA RENEE CHAVEZ, Appellant v. THE STATE OF TEXAS
On Appeal from Criminal District Court No. 1 Tarrant County, Texas
Trial Court Nos. 1503798D, 1566488D Before Kerr, Birdwell, and Bassel, JJ.
MEMORANDUM OPINION
Daniella Renee Chavez appeals her convictions and concurrent ten-year sentences in two trial court cause numbers for three counts of sexual assault of a child and three counts of indecency with a child. She pleaded guilty, without the benefit of a plea bargain, to all counts in both indictments and elected for the trial court to assess punishment.
Chavez's appointed appellate counsel has filed a motion to withdraw and a brief under Anders v. California, representing in each case that "the appeal presents no legally non-frivolous questions." 386 U.S. 738, 744-45, 87 S. Ct. 1396, 1400 (1967). Counsel's brief and motion meet the requirements of Anders by presenting a professional evaluation of the record demonstrating why there are no arguable grounds for relief. See id.; In re Schulman, 252 S.W.3d 403, 406-12 (Tex. Crim. App. 2008) (orig. proceeding). Chavez filed a pro se response to counsel's brief, which she has supplemented with several letters to the court, and the State filed a letter brief agreeing with Chavez's attorney's assessment of the appeals.
Once an appellant's court-appointed attorney files a motion to withdraw on the ground that an appeal is frivolous and fulfills the requirements of Anders, we must independently examine the record. See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). Only then may we grant counsel's motion to withdraw. See Penson v. Ohio, 488 U.S. 75, 82-83, 109 S. Ct. 346, 351 (1988).
We have carefully reviewed the record in both cases, counsel's brief, Chavez's pro se response and letters, and the State's letter brief. We agree with counsel that these appeals are frivolous and without merit; we find nothing in the records that might arguably support the appeals. 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 judgments.
/s/ Wade Birdwell
Wade Birdwell
Justice Do Not Publish
Tex. R. App. P. 47.2(b) Delivered: March 18, 2021