Ivan Alonso Delgado v. the State of Texas ( 2024 )

AFFIRMED and Opinion Filed October 31, 2024
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-01186-CR
IVAN ALONSO DELGADO, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 380th Judicial District Court
Collin County, Texas
Trial Court Cause No. 380-82186-2020
MEMORANDUM OPINION
Before Justices Reichek, Nowell, and Carlyle
Opinion by Justice Reichek
Appellant Ivan Alonso Delgado appeals his conviction and sixteen-year
sentence for the offense of aggravated assault with a deadly weapon. We affirm.
Delgado entered a plea of guilty to the charge of aggravated assault with a
deadly weapon, a second-degree felony with a punishment range of two to twenty
years imprisonment and up to a $10,000.00 fine. After the trial court conducted a
punishment hearing, it sentenced Delgado to sixteen years’ incarceration.
In December 2019, Delgado was eating dinner with his mother at a CiCi’s
pizza restaurant in Plano, Texas. At some point, Delgado walked up to another
customer, Edgar Colunga, and began stabbing him. The two men did not know each
other and had never met. By the time customers were able to pull Delgado away
from Colunga, Delgado had stabbed him five times. One stab wound punctured
Colunga’s lung.
As a result of his injuries, Colunga was required to stay in the hospital for five
days. He was forced to return to the hospital for additional surgery a few weeks later.
Colunga testified that he has never fully recovered from the stabbing and has been
unable to regain the full use of his punctured lung. Additionally, he stated that he
suffers from daily pain, depression, and lack of energy.
Delgado testified at the hearing that he thought he heard Colunga say he
wanted to kill Delgado’s family. Delgado admitted he was diagnosed as
schizophrenic, but that he had stopped taking his medication. He also admitted he
uses illegal drugs such as cocaine.
Following the hearing, the trial court sentenced Delgado to sixteen years in
the Texas Department of Criminal Justice.
Delgado’s court-appointed counsel has filed a motion to withdraw as counsel
and a brief in support of that motion. In the brief, counsel avers that, in her
professional opinion, this appeal is frivolous. Counsel’s brief and motion meet the
requirements of Anders v. California, 386 U.S. 738, 744–45 (1967), by presenting a
professional evaluation of the appellate record demonstrating why there are no
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arguable grounds for relief. See Stafford v. State, 813 S.W.2d 503, 510–11 & n.3
(Tex. Crim. App. 1991).
Additionally, in compliance with Kelly v. State, counsel (1) notified Delgado
of his motion to withdraw; (2) provided him a copy of both the motion and brief; (3)
informed him of his right to file a pro se response; (4) informed him of his pro se
right to seek discretionary review should this Court hold the appeal frivolous; and
(5) took concrete measures to facilitate his review of the appellate record. See 436
S.W.3d 313, 319 (Tex. Crim. App. 2014). This Court afforded Delgado the
opportunity to file a response on his own behalf, but he did not do so.
After an appellant’s court-appointed counsel files a motion to withdraw on the
ground that an appeal is frivolous and fulfills the requirements of Anders, this Court
is obligated to undertake an independent examination of the record to determine if
there is any arguable ground that may be raised on appellant’s behalf. See Stafford,
813 S.W.2d at 511. Only then may we grant counsel’s motion to withdraw. See
Penson v. Ohio, 488 U.S. 75, 82–83 (1988).
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We have carefully reviewed counsel’s brief and the appellate record. We agree
with counsel that this appeal is wholly frivolous and without merit—we find nothing
in the appellate record that arguably might support this 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). Accordingly, we grant counsel’s
motion to withdraw and affirm the trial court’s judgment.
/Amanda L. Reichek/
AMANDA L. REICHEK
JUSTICE
Do Not Publish
Tex. R. App. P. 47
221186F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IVAN ALONSO DELGADO, On Appeal from the 380th Judicial
Appellant District Court, Collin County, Texas
Trial Court Cause No. 380-82186-
No. 05-22-01186-CR V. 2020.
Opinion delivered by Justice
THE STATE OF TEXAS, Appellee Reichek. Justices Nowell and Carlyle
participating.
Based on the Court’s opinion of this date, the judgment of the trial court is
AFFIRMED.
Judgment entered this 31st day of October 2024.
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