Yordanis Quintero-Gomez v. State ( 2020 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-19-00482-CR
Yordanis Quintero-Gomez, Appellant
v.
The State of Texas, Appellee
FROM THE 21ST DISTRICT COURT OF BASTROP COUNTY
NO. 16,071, THE HONORABLE CARSON TALMADGE CAMPBELL, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Yordanis Quintero-Gomez was charged with the offense of aggravated
assault with a deadly weapon. See Tex. Penal Code § 22.02. Quintero-Gomez pleaded guilty,
and the trial court placed him on deferred adjudication community supervision for five years.
The State later moved to revoke Quintero-Gomez’s community supervision and to adjudicate his
guilt based on alleged violations of the terms of his community supervision. After Quintero-
Gomez pleaded true to one of the allegations in the State’s motion to adjudicate, the trial court
adjudicated him guilty of the offense and assessed punishment at eight years’ confinement in the
Institutional Division of the Texas Department of Criminal Justice.
Appellant’s court-appointed attorney has filed a motion to withdraw supported
by a brief concluding that the appeal is frivolous and without merit. The brief meets the
requirements of Anders v. California by presenting a professional evaluation of the record
demonstrating why there are no arguable grounds to be advanced. See 386 U.S. 738, 744
(1967); Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); see also Penson v. Ohio,
488 U.S. 75, 86-87 (1988).
Appellant’s counsel has represented to the Court that she has provided copies of
the motion and brief to appellant; advised appellant of his right to examine the appellate record
and file a pro se brief; and provided appellant with a form motion for pro se access to the
appellate record along with the mailing address of this Court. See Kelly v. State, 436 S.W.3d
313, 319-21 (Tex. Crim. App. 2014); see also Anders, 386 U.S. at 744; Garner, 300 S.W.3d at
766. To date, appellant has not requested access to the appellate record or filed a pro se brief.
We have conducted an independent review of the record, including appellate
counsel’s brief, and find no reversible error. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at
766; Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We agree with counsel
that the record presents no arguably meritorious grounds for review and the appeal is frivolous.
Counsel’s motion to withdraw is granted. The trial court’s judgment adjudicating
guilt is affirmed.
__________________________________________
Chari L. Kelly, Justice
Before Justices Goodwin, Baker, Kelly
Affirmed
Filed: January 16, 2020
Do Not Publish
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