Ariel Daniel Erives v. the State of Texas ( 2023 )

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.
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
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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.
/Barbara Rosenberg/
BARBARA ROSENBERG
JUSTICE, ASSIGNED
Do Not Publish
TEX. R. APP. P. 47
210557F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
ARIEL DANIEL ERIVES, Appellant On Appeal from the 380th Judicial
District Court, Collin County, Texas
No. 05-21-00557-CR V. Trial Court Cause No. 380-85054-
2019.
THE STATE OF TEXAS, Appellee 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
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