Unreported / Non-Citable
Background
Jonathon Andrew Salinas pleaded guilty in two trial-court cases to assault family violence, unlawful restraint, and continuous family violence. The third-degree felony charges were enhanced based on his habitual-felony-offender status. The trial court placed him on deferred adjudication community supervision for ten years in each case.
After an earlier revocation proceeding resulted in amended supervision conditions and sanctions, the State again moved in May 2026 to revoke Salinas’s community supervision and adjudicate guilt. Salinas pleaded true to all alleged violations. The trial court revoked community supervision, adjudicated him guilty, and imposed concurrent twenty-five-year sentences. His appointed appellate counsel filed an Anders brief and moved to withdraw, representing that the record presented no ground for reversible error. Salinas did not file a pro se response.
The Court’s Holding
The Texas Thirteenth Court of Appeals independently examined the records and counsel’s Anders brief, as required when appointed counsel concludes that an appeal is frivolous. The court found nothing in either case that would arguably support an appeal.
The court therefore affirmed both trial-court judgments and granted appointed counsel’s motion to withdraw. It directed counsel to send Salinas the opinion and judgments within five days and advise him of his right to seek discretionary review.
Key Takeaways
- An appellate court receiving an Anders brief must independently examine the proceedings to determine whether the appeal is wholly frivolous.
- The court found no issue that would arguably support an appeal in either of Salinas’s cases.
- The court affirmed the concurrent twenty-five-year sentences and permitted appointed appellate counsel to withdraw.
Why It Matters
The memorandum opinion illustrates the review required in Texas criminal appeals when appointed counsel files an Anders brief. Even without a pro se response from the defendant, the appellate court independently reviews the record before deciding whether any arguable appellate issue exists.