Edward Baltierra, Jr. v. The State of Texas Appeal from 421st District Court of Caldwell County (memorandum opinion)
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-21-00554-CR Edward Baltierra, Jr., Appellant v. The State of Texas, Appellee FROM THE 421ST DISTRICT COURT OF CALDWELL COUNTY NO. 19-185, THE HONORABLE CHRIS SCHNEIDER, JUDGE PRESIDING MEMORANDUM OPINION Appellant Edward Baltierra, Jr. was convicted by a jury of possession of methamphetamine in an amount of less than one gram and sentenced to ten years’ confinement and a $10,000 fine. See Tex. Health & Safety Code §§ 481.032, .115(b); Tex. Penal Code § 12.425(a). 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, 81–82 (1988). Appellant’s counsel has certified to this Court that she sent copies of the motion and brief to appellant, advised appellant of his right to examine the appellate record and file a pro se response, and provided a motion to assist appellant in obtaining the record. See Kelly v. State, 436 S.W.3d 313, 319–20 (Tex. Crim. App. 2014); see also Anders, 386 U.S. at 744. No pro se response has been filed. We have conducted an independent review of the record—including the record of the trial and sentencing proceedings below and 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 of conviction is affirmed. __________________________________________ Edward Smith, Justice Before Chief Justice Byrne, Justices Triana and Smith Affirmed Filed: August 31, 2023 Do Not Publish 2
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