CourtListener 10733888•Emmanuel Saldanamedina v. the State of Texas
Emmanuel Saldanamedina v. the State of Texas
CourtListener 10733888Txctapp206.11.2025
Gesamter Gesetzestext
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-25-00044-CR
___________________________
EMMANUEL SALDANAMEDINA, Appellant
V.
THE STATE OF TEXAS
On Appeal from the 213th District Court
Tarrant County, Texas
Trial Court No. 1813336
Before Kerr, Birdwell, and Walker, JJ.
Memorandum Opinion by Justice Walker
MEMORANDUM OPINION
A jury found Appellant Emmanuel Saldanamedina guilty of aggravated sexual
assault, a first-degree felony, see Tex. Penal Code Ann. § 22.021(a)(1)(A)(i),
(a)(2)(A)(ii), (e), found true the two prior felony convictions alleged in the habitual
offender notice, id. § 12.42(d) (changing the punishment range to life “or for any term
[of years] of not more than 99 years or less than 25 years”), and assessed his
punishment at sixty years’ imprisonment in the penitentiary. The trial court sentenced
Saldanamedina in accordance with the jury’s verdict. In the judgment, for time
served, the trial court credited 370 days toward Saldanamedina’s sentence and $350
toward his costs and fees—effectively all his costs and fees.
Saldanamedina’s court-appointed appellate counsel has filed a motion to
withdraw and a supporting brief in which he asserts that, in his professional opinion,
this appeal is frivolous. Counsel’s brief professionally evaluates the appellate record
and shows why no arguable grounds for relief exist; it thus meets the requirements of
Anders v. California, 386 U.S. 738, 744–45, 87 S. Ct. 1396, 1400 (1967). See Stafford v.
State, 813 S.W.2d 503, 509–10 (Tex. Crim. App. 1991). Counsel also complied with
Kelly v. State’s requirements. See 436 S.W.3d 313, 319–20 (Tex. Crim. App. 2014).1
1
Kelly listed additional tasks an appointed lawyer who files an Anders brief must
perform:
He must write a letter to (1) notify his client of the motion to withdraw
and the accompanying Anders brief, providing him a copy of each,
(2) inform him of his right to file a pro se response and of his right to
2
Saldanamedina neither sought access to the appellate record nor filed a pro se
response. The State filed a letter response in which it agreed with appellate counsel
that Saldanamedina’s appeal was frivolous.
Notwithstanding appointed counsel’s fulfilling Anders’s requirements, we must
independently examine the record for any arguable ground that may be raised on the
appellant’s behalf. See Stafford, 813 S.W.2d at 511. Only if we agree that the appeal is
frivolous may we grant counsel’s motion to withdraw. See Penson v. Ohio, 488 U.S. 75,
82–83, 109 S. Ct. 346, 351 (1988).
After carefully reviewing counsel’s brief and the appellate record, we find
nothing that might arguably support the appeal and agree that an appeal would be
wholly frivolous. 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 thus grant counsel’s motion to withdraw and affirm the trial court’s
judgment.
review the record preparatory to filing that response, and (3) inform him
of his pro se right to seek discretionary review should the court of appeals
declare his appeal frivolous. To this list we now add that appointed
counsel who files a motion to withdraw and Anders brief must also
(4) take concrete measures to initiate and facilitate the process of
actuating his client’s right to review the appellate record, if that is what
his client wishes.
Kelly, 436 S.W.3d at 319 (footnote omitted). Kelly also required counsel to supply the
appellant with the mailing address for the court of appeals. Id. at 320.
3
/s/ Brian Walker
Brian Walker
Justice
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: November 6, 2025
4
Setzen Sie Ihre Recherche in ChatGPT oder Claude fort
Verbinden Sie Omnilex, um den Rechtskorpus über Ihren KI-Assistenten zu durchsuchen.