Jason Perez v. the State of Texas ( 2024 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-22-00113-CR
___________________________
JASON PEREZ, Appellant
V.
THE STATE OF TEXAS
On Appeal from the 213th District Court
Tarrant County, Texas
Trial Court No. 1664900D
Before Sudderth, C.J.; Birdwell and Bassel, JJ.
Memorandum Opinion by Chief Justice Sudderth
MEMORANDUM OPINION
Appellant Jason Perez pleaded guilty to violating a protective order twice
within a 12-month period, a third-degree felony. See Tex. Code Crim. Proc. Ann. art.
17.292; Tex. Penal Code Ann. § 25.072(e). Following a punishment hearing, the trial
court sentenced Perez to five years in prison.1 Perez appeals his conviction.
After reviewing the record and concluding that no arguable grounds for appeal
exist, Perez’s court-appointed appellate counsel filed a motion to withdraw as counsel
and a brief in support of that motion. See Anders v. California, 386 U.S. 738, 744–45, 87
S. Ct. 1396, 1400 (1967). Counsel’s brief and motion meet the requirements of
Anders. Counsel has presented a professional evaluation of the entire record
demonstrating why there are no arguable grounds for relief. Id., 87 S. Ct. at 1400.
Perez has not filed a response on his own behalf. The State also declined to file a
response. We have independently examined the record, as is our duty upon the filing
of an Anders brief. See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991);
Mays v. State, 904 S.W.2d 920, 922–23 (Tex. App.—Fort Worth 1995, no pet.); see also
Penson v. Ohio, 488 U.S. 75, 82–83, 109 S. Ct. 346, 351 (1988).
1
Perez also pleaded guilty to aggravated assault in a different cause number and
received a sentence of 25 years’ confinement. His appeal of that conviction was
dismissed by this court. See Perez v. State, No. 02-22-00112-CR, 2023 WL 3521899(Tex. App.—Fort Worth May 18, 2023, no pet.) (per curiam) (mem. op., not
designated for publication).
2
After carefully reviewing the record and counsel’s brief, we agree with counsel
that this appeal is wholly frivolous and without merit. Our independent review of the
record reveals nothing further that might arguably support the appeal. See Bledsoe v.
State, 178 S.W.3d 824, 827–28 (Tex. Crim. App. 2005); see also Meza v. State, 206
S.W.3d 684, 685 n.6 (Tex. Crim. App. 2006).
We grant counsel’s motion to withdraw and affirm the trial court’s judgment.
/s/ Bonnie Sudderth
Bonnie Sudderth
Chief Justice
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: February 8, 2024
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