NUMBERS 13-24-00124-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG 

 

IRIS SAENZ, Appellant,

v.

THE STATE OF TEXAS, Appellee.

 

ON APPEAL FROM THE 148TH DISTRICT COURT

OF NUECES COUNTY, TEXAS

 

MEMORANDUM OPINION

Before Chief Justice Contreras and Justices Tijerina and Peña

Memorandum Opinion by Justice Tijerina

Appellant Iris Saenz pleaded guilty to the second-degree felony offense of 

aggravated assault with a deadly weapon. See TEX. PENAL CODE ANN. § 22.02(a)(2). The 

trial court deferred adjudication and placed appellant on community supervision for a 

period of four years. The State filed a motion to revoke, and at the hearing, appellant

pleaded “true” to the State’s allegations that she committed the offense of violation of a 
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protective order and that she failed to report to her community supervision officer within 

twenty-four hours after her arrest. The trial court revoked community supervision,

adjudicated appellant guilty of the offense, and sentenced her to three years’ 

imprisonment. Appellant’s court-appointed counsel has filed an Anders brief stating that 

there are no arguable grounds for appeal. See Anders v. California, 386 U.S. 738, 744 

(1967). We affirm.

I. ANDERS BRIEF

Pursuant to Anders v. California, appellant’s court-appointed appellate counsel 

filed a brief and a motion to withdraw with this Court, stating that his review of the record 

yielded no grounds of reversible error upon which an appeal could be predicated. See id.

Counsel’s brief meets the requirements of Anders as it presents a professional evaluation 

demonstrating why there are no arguable grounds to advance on appeal. See In re 

Schulman, 252 S.W.3d 403, 406 n.9 (Tex. Crim. App. 2008) (orig. proceeding) (“In Texas, 

an Anders brief need not specifically advance ‘arguable’ points of error if counsel finds 

none, but it must provide record references to the facts and procedural history and set 

out pertinent legal authorities.” (citing Hawkins v. State, 112 S.W.3d 340, 343–44 (Tex. 

App.—Corpus Christi–Edinburg 2003, no pet.))); Stafford v. State, 813 S.W.2d 503, 510 

n.3 (Tex. Crim. App. 1991).

In compliance with High v. State, 573 S.W.2d 807, 813 (Tex. Crim. App. [Panel 

Op.] 1978) and Kelly v. State, 436 S.W.3d 313, 319–22 (Tex. Crim. App. 2014),

appellant’s counsel carefully discussed why, under controlling authority, there is no 

reversible error in the trial court’s judgment. Appellant’s counsel also informed this Court 
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in writing that he: (1) notified appellant that counsel has filed an Anders brief and a motion 

to withdraw; (2) provided appellant with copies of both pleadings; (3) informed appellant

of her right to file a pro se response, to review the record prior to filing a response, and to 

seek discretionary review if we conclude that the appeal is frivolous; and (4) provided 

appellant with a form motion for pro se access to the appellate record that only requires 

appellant’s signature and date with instructions to file the motion within ten days. See 

Anders, 386 U.S. at 744; Kelly, 436 S.W.3d at 319–20; see also In re Schulman, 252 

S.W.3d at 408–09. An adequate amount of time has passed, and appellant has not filed

a pro se response.

II. INDEPENDENT REVIEW

Upon receiving an Anders brief, we must conduct a full examination of all the 

proceedings to determine whether the case is wholly frivolous. Penson v. Ohio, 488 U.S. 

75, 80 (1988). We have reviewed the record and counsel’s brief, and we have found 

nothing that would arguably support an appeal. See Bledsoe v. State, 178 S.W.3d 824, 

827–28 (Tex. Crim. App. 2005) (“Due to the nature of Anders briefs, by indicating in the 

opinion that it considered the issues raised in the briefs and reviewed the record for 

reversible error but found none, the court of appeals met the requirements of Texas Rule 

of Appellate Procedure 47.1.”); Stafford, 813 S.W.2d at 511.

III. MOTION TO WITHDRAW

In accordance with Anders, appellant’s counsel has asked this Court for 

permission to withdraw as counsel. See Anders, 386 U.S. at 744; see also In re 

Schulman, 252 S.W.3d at 408 n.17. We grant counsel’s motion to withdraw. Within five 
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days from the date of this Court’s opinion, counsel is ordered to send a copy of this opinion 

and this Court’s judgment to appellant and to advise her of her right to file a petition for 

discretionary review.1 See TEX. R. APP. P. 48.4; see also In re Schulman, 252 S.W.3d at 

412 n.35; Ex parte Owens, 206 S.W.3d 670, 673 (Tex. Crim. App. 2006).

IV. CONCLUSION

We affirm the trial court’s judgment.

JAIME TIJERINA

Justice

Do not publish.

TEX. R. APP. P. 47.2(b). 

Delivered and filed on the

8th day of August, 2024.

1 No substitute counsel will be appointed. Should appellant wish to seek further review of this case 

by the Texas Court of Criminal Appeals, she 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 or timely motion 

for en banc reconsideration that was overruled by this Court. See TEX. R. APP. P. 68.2. Any petition for 

discretionary review must be filed with the Clerk of the Texas Court of Criminal Appeals. See id. R. 68.3. 

Any petition for discretionary review should comply with the requirements of Texas Rule of Appellate 

Procedure 68.4. See id. R. 68.4.