Opinion issued August 16, 2016

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-15-00365-CR

———————————

ORLANDO SALAZAR, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 340th District Court

Tom Green County, Texas

Trial Court Case No. C-08-0822-SA

MEMORANDUM OPINION

After appellant, Orlando Salazar, pleaded guilty with an agreed 

recommendation on punishment to the second-degree felony offense of aggravated 

assault, the trial court deferred adjudication of guilt and placed him on community 
2

supervision for five years.1 The State subsequently moved to adjudicate guilt. The 

trial court granted the motion to adjudicate, found appellant guilty of the charged 

offense, and assessed his punishment at six years’ confinement. The trial court 

certified that the case is not a plea-bargain case and that appellant has the right to 

appeal. Appellant timely filed a notice of appeal.2

Appellant’s appointed counsel on appeal has filed a motion to withdraw, along 

with a brief stating that the record presents no reversible error and the appeal is 

without merit and is frivolous. See Anders v. California, 386 U.S. 738, 87 S. Ct. 

1396 (1967).

Counsel’s brief meets the Anders requirements by presenting a professional 

evaluation of the record and supplying us with references to the record and legal 

authority. See id. at 744, 87 S. Ct. at 1400; see also High v. State, 573 S.W.2d 807, 

812–13 (Tex. Crim. App. 1978). Counsel indicates that he has thoroughly reviewed 

the record and is unable to advance any grounds of error that warrant reversal. See 

Anders, 386 U.S. at 744, 87 S. Ct. at 1400; Mitchell v. State, 193 S.W.3d 153, 155 

(Tex. App.—Houston [1st Dist.] 2006, no pet.). Counsel has also informed us that 

 

1 See TEX. PENAL CODE ANN. § 22.02(a)(2) (Vernon 2011) (aggravated assault).

2 The Texas Supreme Court transferred this appeal from the Court of Appeals for the 

Third District of Texas to this Court pursuant to its docket equalization powers. See

TEX. GOV’T CODE ANN. § 73.001 (Vernon 2013) (“The supreme court may order 

cases transferred from one court of appeals to another at any time that, in the opinion 

of the supreme court, there is good cause for the transfer.”).
3

he delivered a copy of the appellate record and the brief to appellant and informed

him of his right to file a response. See In re Schulman, 252 S.W.3d 403, 408 (Tex. 

Crim. App. 2008); see also Kelly v. State, 436 S.W.3d 313, 319 (Tex. Crim. App. 

2014) (holding that appellate counsel who files Anders brief must “take concrete 

measures to initiate and facilitate the process of actuating his client’s right to review 

the appellate record, if that is what his client wishes”).

In his pro se response, appellant argues, among other things, that the trial court 

lacked jurisdiction over the case, that the court erred in admitting photographs of the 

complainant’s injuries, that the court erred in admitting witness testimony, that the 

trial court had a conflict of interest, that the State violated its Brady obligations, and 

that his trial counsel rendered ineffective assistance.

We have independently reviewed the entire record in this appeal, and we 

conclude that no reversible error exists in the record, there are no arguable grounds 

for review, and the appeal is frivolous. See Anders, 386 U.S. at 744, 87 S. Ct. at 

1400 (emphasizing that reviewing court—and not counsel—determines, after full 

examination of proceedings, whether appeal is wholly frivolous); Garner v. State, 

300 S.W.3d 763, 767 (Tex. Crim. App. 2009) (reviewing court must determine 

whether arguable grounds for review exist); Bledsoe v. State, 178 S.W.3d 824, 826–

27 (Tex. Crim. App. 2005) (same); Mitchell, 193 S.W.3d at 155 (reviewing court 

determines whether arguable grounds exist by reviewing entire record). We note 
4

that an appellant may challenge a holding that there are no arguable grounds for 

appeal by filing a petition for discretionary review in the Court of Criminal Appeals. 

See Bledsoe, 178 S.W.3d at 827 & n.6.

We affirm the judgment of the trial court and grant counsel’s motion to 

withdraw.3 Attorney Frank D. Brown must immediately send appellant the required 

notice and file a copy of the notice with the Clerk of this Court. See TEX. R. APP. P.

6.5(c).

PER CURIAM

Panel consists of Justices Keyes, Brown, and Huddle.

Do not publish. TEX. R. APP. P. 47.2(b).

 

3 Appointed counsel still has a duty to inform appellant of the result of this appeal 

and that he may, on his own, pursue discretionary review in the Court of Criminal 

Appeals. See Ex parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App. 1997) (per 

curiam).