CAUSE NO. 13-15-00252-CR

__________________________________________________________________

IN THE COURT OF APPEALS

FOR THE

THIRTEENTH JUDICIAL DISTRICT OF TEXAS

AT CORPUS CHRISTI 

__________________________________________________________________ 

GUADALUPE PACHECO,

 APPELLANT,

VS.

THE STATE OF TEXAS,

APPELLEE. 

__________________________________________________________________

On Appeal in Cause No. 14-10-28,220 -A in the 

377th Judicial District Court of Victoria County, Texas

Hon. Elí E. Garza, Judge Presiding

__________________________________________________________________

ANDERS BRIEF

__________________________________________________________________

Luis A. Martinez

Bar No. 24010213

P.O. Box 410

Victoria, Texas 77902

(361) 676-2750 telephone

(361) 575-8454 telefax

Email:

Lamvictoriacounty@gmail.com

ATTORNEY FOR APPELLANT

 GUADALUPE PACHECO

July 24, 2015

ORAL ARGUMENT NOT REQUESTED

ACCEPTED

13-15-00252-CR

THIRTEENTH COURT OF APPEALS

CORPUS CHRISTI, TEXAS

7/24/2015 3:54:08 PM

CECILE FOY GSANGER

CLERK

 FILED IN 13th COURT OF APPEALS CORPUS CHRISTI/EDINBURG, TEXAS 7/24/2015 3:54:08 PM CECILE FOY GSANGER Clerk
ii

IDENTITY OF PARTIES AND COUNSEL

Appellant submits the names and addresses of all interested parties and 

attorneys:

Parties

GUADALUPE PACHECO

TDCJ #01988236

Texas Department of Criminal Justice

Byrd Unit

21 FM 247

Huntsville, Texas 77320

STATE OF TEXAS

c/o THE HON. STEPHEN B. TYLER

205 N. Bridge, Suite 301

Victoria, Texas 77901

Attorneys:

THE HON. JAMES BEELER

Attorney for Appellant (At Trial)

121 E Harbor Drive East

Port Lavaca, Texas 77979

THE HON. LUIS A. MARTINEZ

Attorney for Appellant (On Appeal)

P.O. Box 410

Victoria, Texas 77902-0410

THE HON. JOHNA M. STALLINGS (At Trial)

THE HON. VERONICA SANDERS (At Trial)

THE HON. BRENDAN W. GUY (On Appeal)

Attorneys for the State 

Victoria County District Attorney’s Office

205 N. Bridge, Suite 301

Victoria, Texas 77901
iii

TABLE OF CONTENTS

IDENTITY OF PARTIES AND COUNSEL.......................................ii.

TABLE OF CONTENTS............................................................. iii.

LIST OF AUTHORITIES.............................................................iv.

CERTIFICATE OF COUNSEL.......................................................v.

I. RECORD BEFORE COURT....................................................2

II. STATEMENT OF CASE.........................................................3

III. ISSUES PRESENTED.............................................................4

IV. STATEMENT OF FACTS.......................................................5

V. SUMMARY OF THE ARGUMENT....................................... 19

 VI. ARGUMENT AND AUTHORITIES .........................................19

 ISSUE NUMBER ONE: 

 THERE ARE NO ERRORS THAT WOULD RESULT IN REVERSAL OF THE 

 ORDER OF THE TRIAL COURT......................................................19

 VI. PRAYER AND REQUEST TO WITHDRAW...................................20

 VIII. CERTIFICATE OF SERVICE................................................ ...21

 IX. CERTIFICATE OF COMPLIANCE.............................................22
iv

LIST OF AUTHORITIES

Cases: Page

Anders v. California, 386 U.S. 738 (1967)..............................................20

Hawkins v. State, 112 S.W.3d 340, 343-44

( Tex.App.–Corpus Christi 2003, no pet.).................. ...................19

In re: Schulman, 252 S.W.3d 403, 407 n.9 (Tex.Crim.App. 2008)..................19

Stafford v. State, 813 S.W.2d 503-510, n. 3 (Tex.Crim.App. 1991) ..................19

Williams v. State, 976 S.W.2d 871 (Tex. App.—Corpus Christi 1998)............. 20

Rules and Statutes:

TEX. PEN. CODE§22.01(a)(2)................................................................3

TEX. PEN. CODE §22.02(B)(1).......................................... ............... ...3

TEX. PEN. CODE §38.04(b)(2)...............................................................3
v

CERTIFICATE OF COUNSEL

I, Luis A. Martinez, court-appointed counsel for Appellant, GUADLUPE 

PACHECO, for purposes of this appeal, certify that I have diligently searched the 

Reporter’s Record and Clerk’s Record in Trial Court Cause Number 14-10-28,220 

-A , researched the law applicable to the facts and issues presented, if any, and it is 

my professional opinion that no reversible error is reflected by the record.

I am of the professional opinion this appeal is without merit and frivolous, 

and in compliance with applicable law pertaining to appeals of this type, I have set 

forth all points which might arguably support an appeal, request permission to 

withdraw, and acknowledge that I have forwarded a copy of this brief to Appellant, 

GUADALUPE PACHECO, to his last known address, for the purposes of raising 

any points he chooses, and filing a pro se brief. 

By this certification, and by separate letter, Appellant is being informed 

that he may file a pro se appellate brief if he chooses, and any pro se brief 

must be filed with this Court within 30 days of the filing of this Anders brief. 

Appellant is further advised that he may request further time to file his pro se

brief, and such request must be made in writing and filed with the 13th Court 

of Appeals at: The Thirteenth Court of Appeals, Corpus Christi Division, 901 

Leopard, Nueces County Courthouse, 10th Floor, Corpus Christi, Texas 78401. 
1

CAUSE NO. 13-15-00252-CR

__________________________________________________________________

IN THE COURT OF APPEALS

FOR THE

THIRTEENTH JUDICIAL DISTRICT OF TEXAS

AT CORPUS CHRISTI 

__________________________________________________________________ 

GUADALUPE PACHECO,

 APPELLANT,

VS.

THE STATE OF TEXAS,

APPELLEE. 

__________________________________________________________________

On Appeal in Cause No. 14-10-28, 220-A in the 

377th Judicial District Court of Victoria County, Texas

Hon. Elí E. Garza, Judge Presiding

__________________________________________________________________

ANDERS BRIEF

TO THE HONORABLE COURT OF APPEALS:

Appellant, GUADALUPE PACHECO, by and through his court appointed 

counsel, Luis A. Martinez, respectfully submits this brief in appeal of the judgment 

and sentence of the Trial Court finding him guilty of Aggravated Assault with a 

Deadly Weapon and Evading Arrest and sentencing him to the Texas Department 

of Criminal Justice-Institutional Division. 
2

This is an appeal from the 377th Judicial District Court of Victoria County, 

Texas, the Honorable Elí E. Garza, Judge Presiding in which the Appellant,

GUADALUPE PACHECO, was the Defendant and the State of Texas was the 

Plaintiff. As required by the applicable rules, the parties will be called "Appellant" 

and the "State."

I.

RECORD BEFORE COURT

The Clerk's Record consists of one volume and citation to this record will be 

referenced in this brief by use of the abbreviation "CR" referring to the Clerk’s 

Record and then the appropriate page number. For example, page 10 of the 

Clerk’s Record shall be cited as CR-10.

The Reporter's Record furnished to Appellant consists of a total of six (6) 

volumes. Citation to the Reporter's Record will be referenced in this brief by use of 

the abbreviation "RR", followed by a roman numeral to indicate the volume, 

followed by the appropriate page number. For example, page 10 of the Reporter’s 

Record, volume two, shall be cited as RR-II-10. 
3

II.

STATEMENT OF THE CASE

Appellant wishes to appeal the trial court’s judgment and sentence 

convicting him of two counts of Aggravated Assault with a Deadly Weapon and 

Evading Arrest and sentencing him to twenty years and ten years, sentences, fines 

and court costs. 

Appellant was charged in a multi-count indictment with three counts: Count 

1, Aggravated Assault pursuant to TEX. PEN. CODE §22.02(B)(1)1; Count 2 

Aggravated Assault pursuant to TEX. PEN. CODE §22.02(B)(1); and Count 3 

Evading Arrest Detention with Vehicle pursuant to TEX. PEN. CODE §38.04(b)(2).

Said indictment was filed on, or about, October 2, 2014. [CR-5-6]. Appellant 

waived arraignment in writing on, or about, October 28, 2014. [CR-13].

A Plea Memorandum was executed and filed by Appellant on, or about, 

February 4, 2015. [CR-20]. On the same day, Appellant was admonished by the 

Court and pled guilty to Count 1 and 3 of the indictment. The State abandoned 

Count 2 of the indictment. [RR-III-7]. A sentencing hearing was set for February 

19, 2015. 

 1 Prior to sentencing, the Trial Court pointed out that, although the indictment indicated that 

Count 2 was a first degree felony, the actual language of the indictment charged a Second 

Degree Felony. Defendant agreed and persisted in his plea of guilt. The Trial Court ultimately 

convicted and sentenced Appellant on Count 1 of the second degree felony of Aggravated 

Assault with a Deadly Weapon pursuant to TEX. PEN. CODE §22.02(a)(2). [CR-27; RR-IV-116]. 
4

Appellant’s sentencing hearing was commenced on, or about February 19, 

2015. The sentencing hearing finished on February 20, 2015. After the 

presentation of evidence and argument by the State and Appellant, the Trial Court, 

as to Count 1, sentenced Appellant to (20) years in the Institutional Division of the 

Texas Department of Criminal Justice, a $10,000.00 fine and court costs. [CR-27-

30]. As to Count 2, the Trial Court sentenced Appellant to (10) years in the 

Institutional Division of the Texas Department of Criminal Justice, a $10,000.00 

fine and court costs. [CR-31-34]. 

The Trial Court certified that Appellant’s case was not a plea-bargain case 

and that he had the right of appeal. [CR-26].

A Motion for New Trial was filed on, or about, March 20, 2015. [CR-36]. 

A Notice of Appeal was timely filed on, or about, May 20, 2015. [CR-46].

III.

ISSUES PRESENTED

ISSUE NUMBER ONE: 

THERE ARE NO ERRORS THAT WOULD RESULT IN REVERSAL OF THE ORDER 

OF THE TRIAL COURT.
5

IV.

STATEMENT OF THE FACTS

The Plea Hearing

A plea hearing was held on, or about, February 4, 2015. Prior to pleading 

“Guilty,” Appellant waived his right to have the indictment read aloud. [RR-III-4]. 

The Trial Court admonished Appellant as to the punishment range for a first degree 

felony as well as a third degree felony. [RR-III-4-5]. 

The Trial Court next inquired of the Appellant of the Plea Bargain 

Memorandum. Appellant identified his signature on the Plea Bargain 

Memorandum. [RR-III-5]. Appellant indicated that he understood that he was 

giving up the right to a trial by jury and the right to confront and cross-examine 

witnesses. [RR-III-5]. Appellant indicated that he understood he was giving up 

his right against self-incrimination and agreeing to be called as a witness during the 

plea hearing. [RR-III-6]. The Trial Court confirmed that Appellant was waiving 

his rights both “freely and voluntarily.” [RR-III-6]. 

Trial Counsel for Appellant indicated to the Trial Court that he felt his client 

was “competent to stand trial,” and that “he was waiving his rights freely and 

voluntarily.” [RR-III-6]. 

The Trial Court next confirmed with the State and Appellant that there was 

no plea bargain in the case. [RR-III-7]. 
6

Appellant pled guilty to Court 1 and Count 3 of the indictment, respectively, 

Aggravated Assault and Evading Detention with a Vehicle. Count 2 of the 

indictment was abandoned by the State. [RR-III-7].

The Trial Court confirmed with Appellant that no one had promised 

Appellant anything for his plea and that he was entering a plea of guilty both freely 

and voluntarily. [RR-III-8]. Appellant’s trial counsel indicated to the Trial Court 

that he was confident that his client was entering the pleas of guilty freely and 

voluntarily. [RR-III-8].

The Trial Court next admonished Appellant that he had a right to a jury trial 

and that he could request that a jury assess punishment in his case; Appellant 

indicated that he understood. [RR-III-8]. Appellant confirmed that he was asking 

the Court to assess punishment. [RR-III-8]. 

Appellant stipulated to the facts of Count 1 and Count 3. [RR-III-10]. 

Appellant’s attorney joined in the stipulation. [RR-III-11].

The Trial Court found Appellant to be competent, sufficient evidence upon 

his plea to find Appellant guilty, accepted both guilty pleas and reset both cases for 

a punishment hearing. The Trial Court also indicated that it would consider 

Appellant’s motion for deferred adjudication. [RR-III-13].

A punishment hearing was set for February 19, 2015. [RR-III-9]. 
7

The Punishment Hearing of February 19-20, 2015.

A punishment hearing was called up on February 19, 2015. [RR-IV-5]. 

Prior to the presentation of witnesses, the State requested, and the Trial Court took, 

judicial notice of the PSIR. The Rule was invoked by the State. [RR-IV-7]. The 

State also offered State’s Exhibits 1-20 which were admitted into evidence. [RRIV-10]. 

Testimony of Christine Sanchez

Christine Sanchez was first called by the State. Ms. Sanchez testified that 

she used to date Appellant, about seven years ago. [RR-IV-10]. She identified 

Appellant in open court. [RR-IV-11]. 

Ms. Sanchez was asked to direct her attention to May 15, 2011. Ms. 

Sanchez was at her sister’s house that day when Appellant came over. [RR-IV11]. She testified that Appellant was angry with her because she did not want to 

“get back with him.” She said he had a pipe. [RR-IV-12]. She further explained 

that Appellant wanted her to pick Appellant up, and when she didn’t, he walked to 

Ms. Sanchez’s sister’s house. She recounted for the Trial Court that Appellant 

threatened to kill her if she didn’t pick him up. [RR-IV-12]. She also testified that 

Appellant had gloves on and said he would shoot her if she did not take him where 

he wanted to go. Ms. Sanchez further indicated that she was outside with 

Appellant, her sister and her niece. [RR-IV-13]. 
8

Ms. Sanchez said that when Appellant threatened to kill her, her sister kept 

Appellant from swinging the pipe he had. [RR-IV-13]. She testified that 

Appellant swung a metal pipe at her and hit her car with the pipe. [RR-IV-14, 16]. 

She identified the car that Appellant hit with the pipe in State’s Exhibit 1-4. [RRIV-14-15]. She also recounted that her niece had protected her while Appellant 

had swung the pipe at her. [RR-IV-21]. 

Ms. Sanchez said that she moved more than once because Appellant

threatened to kill her or shoot her. [RR-IV-15]. 

During cross-examination, she admitted that Appellant did not bring the pipe 

with him to Ms. Sanchez’s sister’s house. [RR-IV-19]. 

The State asked Ms. Sanchez if Appellant was calm or violent when he was 

drinking. She responded, “He was violent.” [RR-IV-20]. She agreed with the 

State that Appellant was “a violent drunk.” [RR-IV-20]. Ms. Sanchez agreed that, 

when drinking, Appellant would get angry, talk out loud, wanted to fight, and 

would break things. [RR-IV-21]. 

When asked by the State how she would feel about Appellant being 

sentenced to probation rather than jail, she responded, “I would still fear for my 

life.” [RR-IV-22].

Ms. Sanchez also admitted that she had not had contact with Appellant since 

May 15, 2011. [RR-IV-24].
9

Testimony of Zachary Caldwell

Officer Zachary Caldwell of the Cy-Fairbanks I.S.D. Police Department was 

next called by the State. Officer Caldwell was formerly employed by the Victoria 

Police Department. [RR-IV-27]. 

On August 7, 2005, Officer Caldwell came into contact with Appellant at a 

Victoria apartment complex while responding to a call for a possible assault in 

progress. [RR-IV-28]. Officer Caldwell spoke to the alleged victim, Cynthia 

Moreno, who advised him that she and Appellant got into an altercation, during 

which Appellant struck her on the side of the face with a stick. [RR-IV-29]. 

Officer Caldwell stated that, “she had visible injuries.” [RR-IV-29]. Ms. Moreno 

further recounted to Officer Caldwell that Appellant had pulled her to the ground 

and started kicking her and stomping her in the face causing pain and injury. [RRIV-29]. 

Officer Caldwell was shown State’s Exhibits 15-17, which he identified as 

photographs of Ms. Moreno taken shortly after he arrived on the scene. [RR-IV30]. 

Officer Caldwell searched the scene and found Appellant at the corner of the 

apartment complex. When Officer Caldwell came upon Appellant, he was 

urinating; he also documented in his report that Appellant had the odor of alcoholic 

beverage on his breath and bloodshot eyes. [RR-IV-34]. Appellant appeared to be 
10

intoxicated. [RR-IV-35]. Appellant was arrested and transported to the Victoria 

County Jail. While at the jail, Officer Caldwell overheard Appellant talking to 

another inmate, wherein Appellant stated that he had struck his wife or girlfriend in 

the face, breaking her nose. [RR-IV-31]. 

Caldwell also testified that he would have charged the incident as an 

aggravated assault because a deadly weapon was used. Officer Caldwell admitted 

that no weapon was ultimately found. [RR-IV-36]. According to Officer 

Caldwell, Appellant was subsequently convicted of Assault Causing Bodily Injury. 

[RR-IV-33].

Testimony of Veronica Sanchez

Veronica Sanchez next testified on behalf of the State. [RR-IV-38]. She 

stated that Appellant was “going out with her aunt [Christine Sanchez].” [RR-IV38]. She identified Appellant in open court. [RR-IV-39]. 

Ms. Sanchez recalled being at her mother’s house on May 15, 2011, when 

Appellant showed up at the house. [RR-IV-39]. She testified that Appellant 

wanted to talk to her aunt about “getting back with him.” Ms. Sanchez said that 

she [her aunt] did not want to talk to him, but agreed to meet him at her house. Her 

aunt asked her to go with her. They left the house in her aunt’s car, but Appellant 

started to say that he had a gun and he was going to shoot her. Ms. Sanchez, who 

was driving her aunt’s car, turned around and went back to her mother’s house. 
11

[RR-IV-40]. Ms. Sanchez agreed that her aunt seemed nervous about being around 

Appellant. [RR-IV-40]. 

When Ms. Sanchez arrived at her mother’s home, she told her mother to call 

the police. She further testified that Appellant found a pipe and came around the 

car. Ms. Sanchez then jumped in front of her aunt and told Appellant that if “he 

was going to do anything to her, he had to go through me first.” [RR-IV-41]. 

Appellant backed off, starting telling he aunt “a whole bunch of stuff,” and started 

hitting the car with the pipe. [RR-IV-42]. Ms. Sanchez identified State’s Exhibits 

1-4 as photographs of her aunt’s car and State’s Exhibit 5 as the pipe Appellant 

grabbed out of her mother’s yard. [RR-IV-43].

Following the May 15, 2011, incident, Ms. Sanchez testified that her aunt 

was scared and did not want to go anywhere for fear of seeing Appellant. [RR-IV44].

Ms. Sanchez also revealed at the hearing that her aunt, Christine Sanchez, is 

disabled due to severe rheumatoid arthritis. [RR-IV-49-50]. 

Testimony of Karla Melancon

Karla Melancon next testified for the State. She has known Appellant since 

they were kids. Later in life they reconnected. [RR-IV-52]. After they met up 

again they started dating. [RR-IV-53]. They moved in together after a few 

months. [RR-IV-54]. 
12

She and Appellant would argue with the children around. [RR-VI-54]. Ms. 

Melancon testified that Appellant was verbally abusive. [RR-VI-54]. She further 

testified that Appellant drank a lot and was “mean and violent,” as in shoving and 

pushing her. [RR-VI-56].

On once occasion in 2011, over a meal, Ms. Melancon testified that 

Appellant was drunk and angry, being verbally abusive and threw a plate across 

the room. [RR-VI-56]. She stated, “any time he drank, we ended up having 

problems.” [RR-VI-57]. 

On another occasion, Appellant was arguing on the phone with someone, 

and he made Ms. Melancon pull over to a bar on Ben Jordan Street. He got out 

and then got back in the car. When he got back in the vehicle, he was angry and 

directed his anger at her. [RR-IV-57]. 

As they were in the vehicle in an apartment complex, she told Appellant not 

to talk to her in the way that he was. He was angry and left the vehicle. 

Afterwards, he called her asking her to pick him up; she refused. [RR-IV-58]. She 

returned to his mother’s house. Appellant showed up at his mother’s house and 

started banging on the doors and windows to let him back in. Ms. Melancon 

testified, “He was enraged....Real pumped up, like with an evil look. I never seen 

someone look like that ever.” [RR-IV-58]. Ms. Melancon left. [RR-VI-58].

Ms. Melancon testified that there were numerous incidents involving 
13

physical abuse. [RR-IV-59]. After her son, Carlos, was born, she, Carlos and 

Appellant were traveling in a car and arguing when Appellant closed his fist and 

hit her on the face. Appellant hit her a few more times and he said he was going to 

kill them all and started driving towards a post. [RR-VI-60]. He picked up speed, 

so Ms. Melancon grabbed the steering wheel and caused the car to veer. [RR-VI -

60]. She testified he was mad and continued to hit her. [RR-VI-60]. When she 

threw the vehicle into park, Appellant said she was stupid and was going to screw 

up the car. [RR-VI-61]. He then started to choke her with both hands. [RR-IV62]. He then bit her on the cheek. [RR-IV-62].

Ms. Melancon next testified that she had purchased a vehicle so that 

Appellant could do lawn work. [RR-IV-66]. She testified that Appellant would 

loan the vehicle to other people. [RR-IV-67]. On June 7, 2014, Appellant had 

loaned the truck to other people. She had planned to go over to her mother’s house 

to eat. Appellant informed her that he had a job out of town and he was going to 

take a look at what the job entailed. [RR-IV-68]. She was left at home without a 

phone nor without the truck she had purchased. She testified that Appellant 

returned in the early evening with a 12-pack under his arm when he entered the 

kitchen. [RR-IV-70]. She expressed her anger at him and he went into a rage. He 

hit her with his fists in the face and chest. Her two-year old son was on the couch. 

The fight moved towards a kitchen counter where Appellant grabbed a knife, held 
14

it above her head, came down and began to saw back and forth. [RR-IV-74]. Her 

hand was cut when she grabbed ahold of the knife. They tussled with the knife and 

he let go. [RR-IV-77]. 

She stated that she next went to her son Carlos because he was crying; she 

tried to calm him. She confirmed that Appellant continued to attack her while she 

was holding her son. [RR-IV-78]. She was shown and identified photographs of 

the injuries sustained that evening. [RR-IV-78]. 

Ms. Melancon also confirmed that in addition to hands, fists and a knife, 

Appellant hit her in the back of the head with a wine rack. [RR-IV-80]. She said 

that she did not immediately feel pain, but that it began to throb where she had 

been hit with the wine rack. [RR-IV-81]. 

Ms. Melancon pleaded throughout the incident to let her get herself together 

and they would go to her mother’s house like nothing had happened. [RR-IV-82]. 

She went to the bathroom, where she put her hair up and prepared a bag for her 

son. She stated that her hair was saturated with blood. [RR-IV-82]. She told 

Appellant that there was a hole in the back of her head, but that Appellant did not 

seem to care. [RR-IV-82]. She confirmed with the State that she felt her life was 

threatened. [RR-IV-84]. 

Appellant, Ms. Sanchez and Carlos went to her mother’s house. When they 

arrived, Appellant told Ms. Melancon that he was only going to allow her to get 
15

out of the car; when she exited the vehicle, Appellant locked all the doors to the 

car. [RR-IV-84]. Ms. Melancon’s son was still in the car. [RR-IV-84]. Carlos 

was eventually removed from the car. [RR-IV-85]. 

Ms. Melancon was asked how should we feel if Appellant were given 

probation and he was able to be out on the streets; Ms. Melancon replied, “I 

wouldn’t feel safe.” She also agreed that it was more appropriate that Appellant go 

to prison or jail for some time. [RR-IV-90]. She testified that it would not be in 

her best interest that Appellant was placed on deferred adjudication probation. 

[RR-IV-91].

Testimony of Rosa Barragon

Rosa Barragon, Karla Melancon’s mother, testified next for the State. [RRIV-106]. She testified that in June 2014, she and her daughter were supposed to 

get together to eat. Her daughter, Appellant and Carlos arrived late. When she 

went out to the car she testified that Appellant told her, “that he was going to drive 

and maybe end up killing himself, with the baby.... that he was going to crash, or 

whatever—He was going to have an accident. He didn’t want to leave the baby.” 

[RR-IV-106]. 

Ms. Barragon later realized that her daughter was injured and her daughter 

ended up going to the hospital. [RR-IV-107]. 

Ms. Barragon also identified Appellant in open court. [RR-IV-108]. Ms. 
16

Barragon agreed that she believed Appellant to be a dangerous person. [RR-IV114].

Testimony of Officer Adam Garcia

Officer Adam Garcia of the Victoria Police Department, testified next for 

the State. [RR-IV-117]. On June 7, 2014, Officer Garcia was dispatched to a 

disturbance. [RR-IV-118]. When he arrived at the scene, family or residents 

pointed to the vehicle Appellant was in. As Officer Garcia was walking toward the 

car, it drove off. 

Appellant was eventually stopped. When Appellant was contacted by 

officers, he was hostile, verbally pushing away and not complying with officer 

commands. Appellant was yelling and cursing. [RR-IV-120]. Eventually, 

Appellant became compliant, was secured in handcuffs, searched and read his 

Miranda rights. [RR-IV-120].

Testimony of Robert Dial

Officer Robert Dial of the Victoria Police Department was next called to 

testify on behalf of the State. On November 20, 2010, Officer Dial was on patrol 

and came into contact with Appellant. A caller had advised that while Appellant 

was driving a maroon Grand Am, Appellant struck the caller’s fence and left the 

scene and drove to his own nearby residence. The caller believed that Appellant 

was intoxicated and still in his vehicle. [RR-IV-129-130]. 
17

Officer Dial walked across the street and made contact with Appellant. 

Appellant was in the passenger’s side of the vehicle and had an entire bottle 

between his legs. [RR-IV-130.] Appellant was asked to exit the vehicle. When he 

did, Appellant was unsteady on his feet and his eyes were glassy, red and 

bloodshot. [RR-IV-130]. Appellant denied any knowledge of running into the 

fence. [RR-IV-130]. Appellant was arrested for DWI. [RR-IV-130].

Testimony of Gregory Wyatt

Gregory Wyatt, pastor of the Palestine Baptist Church, was called to testify 

on Appellant’s behalf. [RR-V-6]. Appellant attends his church. [RR-IV-6]. 

Pastor Wyatt had counseled with Appellant and Ms. Melancon. [RR-IV-6]. Pastor 

Wyatt recommended to the Trial Court that Appellant needed rehabilitation for 

alcohol abuse. [RR-V-8].

Pastor Wyatt also testified that Appellant had a serious situation with 

diabetes. The church has a nursing board that tested Appellant several times after 

which he was sent to the hospital. [RR-V-8-9]. 

On two occasions, Pastor Wyatt counseled Appellant in jail. [RR-V-9]. 

During his visits with Appellant formed the opinion that Appellant has a high 

regard for the safety and welfare of his child. [RR-V-12].

Testimony of Appellant

Prior to testifying, Appellant was admonished as to his right against self-
18

incrimination. [RR-V-21]. Appellant indicated that he wished to waive his right 

against self-incrimination and was doing so freely and voluntarily. [RR-V-22]. 

Appellant confirmed that he is an alcoholic, a diabetic and suffers from 

mood swings. [RR-V-23]. Appellant indicated that he wanted help for those 

issues. [RR-V-24]. 

During cross-examination, Appellant indicated that he had violated 

probation in 2005. [RR-V-24]. Appellant also recalled assaulting a police officer 

in 1992. Appellant further recalled making threats to kill others in 1991. [RR-V26]. Appellant recalled assaulting Cindy Moreno. [RR-V-27]. Appellant also 

recalled verbally threatening Christine Sanchez. [RR-V-28]. 

Appellant also recalled slapping Karla when he accused her of cheating or 

flirting, more than one time. [RR-V-29]. He also recalled threatening her. [RRV-30]. 

He agreed that there were times when he drank that he felt it was unsafe to 

go home. [RR-V-32]. 

Appellant confirmed that he had been convicted of driving while intoxicated. 

[RR-V-32]. Appellant confirmed that he had been to jail and had not asked if there 

was an opportunity to receive treatment. [RR-V-33]. Appellant testified that he 

was familiar with AA, but had not gone. [RR-V-33]. Appellant agreed that he 

needed help for his alcohol problem. [RR-V-33]. Appellant testified that he had 
19

sought help from Gulf Bend who set him up with Texas Rehabilitation. He also 

spoke with a psychiatrist. [RR-V-34]. 

V.

SUMMARY OF THE ARGUMENT

The undersigned has diligently reviewed the record, both Clerk’s and 

Reporter’s Record. After such review, it is the undersigned’s opinion that there are 

no errors that would result in the reversal of the convictions and sentences in this 

matter and, as such, has filed this Anders Brief. 

VI.

ARGUMENT AND AUTHORITIES

ISSUE NUMBER ONE: 

There are no errors that would result in reversal of the judgment and 

sentence of the trial court.

In accordance with In re: Schulman, the undersigned has provided record 

references to the facts and proceedings in this matter. See In re: Schulman, 252 

S.W.3d 403, 407 n.9 (Tex.Crim.App. 2008) see also Hawkins v. State, 112 S.W.3d 

340, 343-44( Tex.App.–Corpus Christi 2003, no pet.) Stafford v. State, 813 S.W.2d 

503-510, n. 3 (Tex.Crim.App. 1991). After the review of the record in this case, it 

is the undersigned’s belief that there are no reasonably arguable factual or 

evidentiary issues that would result in the reversal of the judgment and sentence in 
20

this matter.

VII.

PRAYER AND REQUEST TO WITHDRAW

In accordance with the principles set forth in Anders v. California, 386 U.S. 

738 (1967); Williams v. State, 976 S.W.2d 871 (Tex.App.–Corpus Christi 1998), 

Counsel believes there are no reasonably arguable factual or evidentiary issues 

disclosed by the record in this case which would amount to reversible error. 

A Defendant’s right to assistance of counsel does not include the right to 

have an attorney urge frivolous or non-meritorious claims. As such, Counsel 

requests this Court allow him to withdraw from further representation of 

Appellant. 

Counsel requests that this Court undertake a full examination of the trial 

court proceedings and decide whether the case is in fact wholly frivolous and 

without merit, and allow Appellant sufficient time to review the record, research 

any point he wishes to raise, and submit his own brief.

Respectfully submitted,

LUIS A. MARTINEZ, P.C.

P.O. Box 410

Victoria, Texas 77902-0410

(361) 676-2750 (Telephone)

(361) 575-8454 (Telecopier)

Email:

Lamvictoriacounty@gmail.com
21

BY:

_____________________________

Luis A. Martinez

State Bar No. 24010213

ATTORNEY FOR APPELLANT

GUADALUPE PACHECO

VIII.

CERTIFICATE OF SERVICE

This is to certify that a true copy of the foregoing document was served upon 

the Honorable Brendan W. Guy, Victoria County Criminal District Attorney, and 

upon the Appellant, Guadalupe Pacheco, in the manner indicated below, on this 

24th day of July, 2015, pursuant to the Texas Rules of Appellate Procedure.

___________________________________

Luis A. Martinez

Via Electronic Mail, bguy@vctx.org

Mr. Brendon W. Guy

Asst. District Attorney

Victoria Co. Dist. Atty’s Office

205 N. Bridge, Suite 301

Victoria, Texas 77901

Attorney for the State on Appeal
22

Via Certified Mail, RRR

Mr. Guadalupe Pacheco

TDCJ#: 01988236

Texas Dept. Crim. Justice-ID

Byrd Unit

21 FM 247

Huntsville, Texas 77230

Appellant

IX.

CERTIFICATE OF COMPLIANCE

I certify that the following document utilizes 14 point font for text and 12 

point font for footnotes. I further certify that the word count in this document for 

those matters not excluded by Rule 9.4 is less than the minimum allowed for an 

appellant’s brief and is 3,389 words.

_______________________

Luis A. Martinez