Affirmed and Opinion Filed February 13, 2023 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-21-00557-CR 

ARIEL DANIEL ERIVES, Appellant 

V. 

THE STATE OF TEXAS, Appellee 

On Appeal from the 380th Judicial District Court 

Collin County, Texas 

Trial Court Cause No. 380-85054-2019 

MEMORANDUM OPINION 

Before Justices Smith, Kennedy,1

 and Rosenberg2

Opinion by Justice Rosenberg 

Ariel Daniel Erives appeals his conviction for aggravated robbery with a 

deadly weapon. Erives pleaded guilty, and the trial court found him guilty and 

assessed his punishment at eighteen years of imprisonment. The trial court’s 

judgment is affirmed. 

1

 Justice David Schenck was originally a member of this panel. Justice Nancy Kennedy succeeded 

Justice Schenck on this panel when his term expired on December 31, 2022. 

2

 The Hon. Barbara Rosenberg, Justice, Assigned. This case was submitted without oral argument. At 

the time this case was submitted, Justice Leslie Osborne was a member of the panel. After her resignation, 

Justice Rosenberg was designated to sit on the panel and participated in the decision of this case. TEX. R.

APP. P. 41.1. 
 –2– 

Erives’s attorney filed a motion to withdraw supported by a brief in which he 

concludes the appeal is wholly 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 Erives. The State filed a letter response, 

acknowledging receipt of counsel’s Anders brief and stating it had no points with 

which to respond. This Court advised Erives of his right to file a pro se response, 

but he did not file a 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). 

We have reviewed the record and counsel’s briefs. See Bledsoe v. State, 178 

S.W.3d 824, 826–27 (Tex. Crim. App. 2005) (explaining appellate court's duty in 

Anders cases). Erives was indicted for the offense of aggravated robbery with a 

deadly weapon. See TEX. PENAL CODE ANN. § 29.03. He waived his right to a jury 

trial, pleaded guilty pursuant to an “open plea” without an agreement as to the 

punishment he would receive, agreed to the trial court accepting his plea by 

broadcast on closed-circuit teleconferencing, and waived his right to appeal his plea 

of guilt, but not with respect to his punishment. The record shows Erives signed a 

written plea agreement that included admonishments. And the trial court orally 
 –3– 

admonished him during the plea hearing, including an admonishment as to the 

deportation consequences of his plea. The trial court found Erives guilty based on 

his plea and the evidence, and it assessed his punishment at eighteen years of 

imprisonment. See PENAL §§ 12.32, 29.03(b). 

We have reviewed the record and counsel’s briefs. See Bledsoe, 178 S.W.3d 

at 826–27 (explaining appellate court’s duty in Anders cases). We agree that the 

appeal is frivolous and without merit. We find nothing in the record that might 

arguably and substantively support the appeal. 

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

Do Not Publish 

TEX. R. APP. P. 47 

210557F.U05 

 

/Barbara Rosenberg/

BARBARA ROSENBERG 

JUSTICE, ASSIGNED 
 –4– 

S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

ARIEL DANIEL ERIVES, Appellant 

No. 05-21-00557-CR V. 

THE STATE OF TEXAS, Appellee 

 On Appeal from the 380th Judicial 

District Court, Collin County, Texas 

Trial Court Cause No. 380-85054-

2019. 

Opinion delivered by Justice 

Rosenberg. Justices Smith and 

Kennedy participating. 

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

AFFIRMED. 

Judgment entered February 13, 2023