Unreported / Non-Citable
Background
A jury convicted Edward Navarette of driving while intoxicated, a Class B misdemeanor. The Ector County Court at Law assessed punishment at 180 days in the county jail and a $500 fine.
Navarette’s court-appointed appellate counsel moved to withdraw and filed an Anders brief concluding that the record presented no meritorious or arguable appellate issues. Counsel supplied Navarette with the brief, motion, explanatory letter, and appellate records and advised him of his rights. Navarette filed a pro se document that the appellate court construed as his response to the Anders brief.
The Court’s Holding
The Eleventh Court of Appeals independently reviewed the appellate record, counsel’s Anders brief, and Navarette’s pro se response. It agreed with counsel that no arguable grounds for appeal existed.
The court therefore granted appointed counsel’s motion to withdraw and affirmed the trial court’s judgment. It noted that Navarette retained the right to petition the Texas Court of Criminal Appeals for discretionary review.
Key Takeaways
- Appointed counsel satisfied the procedural requirements governing an Anders brief and motion to withdraw.
- The appellate court independently reviewed the record and Navarette’s pro se response before finding the appeal wholly frivolous.
- The court affirmed Navarette’s DWI conviction and granted counsel permission to withdraw.
Why It Matters
The memorandum opinion illustrates the limited inquiry an appellate court conducts after an Anders filing: it decides whether the appeal is wholly frivolous or whether an arguable ground requires appointment of new counsel. Here, the court found no arguable issue after its own review, leaving the misdemeanor DWI judgment intact.