Darren Joseph Diaz v. the State of Texas

NUMBERS 13-25-00367-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

DARREN JOSEPH DIAZ, Appellant,

v.

THE STATE OF TEXAS, Appellee.

ON APPEAL FROM THE 319TH DISTRICT COURT
OF NUECES COUNTY, TEXAS

MEMORANDUM OPINION

Before Justices Silva, Cron, and Fonseca
Memorandum Opinion by Justice Fonseca

Appellant Darren Joseph Diaz was charged with assault-family violence by

impeding breath or circulation, a third-degree felony. See TEX. PENAL CODE

§ 22.02(b)(2)(B). After appellant pleaded guilty in 2022, the trial court deferred

adjudication and placed him on five years’ community supervision. The State moved to

revoke appellant’s probation on February 8, 2023, alleging in part that he tested positive
for methamphetamines. The trial court denied the motion to revoke but ordered appellant

to undergo inpatient substance abuse treatment. The State filed a second motion to

revoke on March 5, 2025, alleging that appellant violated various probation conditions,

including failing to submit to drug and alcohol testing and counseling, failing to pay

supervision fees, and failing to report to his probation officer. The State also filed new

criminal charges against appellant. At a hearing, appellant pleaded “true” to all but one of

the alleged violations and agreed to the revocation in exchange for the State agreeing to

dismiss the newly-filed charges with prejudice. The trial court then adjudicated appellant

guilty of the underlying family violence offense and sentenced him to seven years’

imprisonment.

Appellant’s court-appointed appellate counsel has filed a brief with this Court

stating that there are no arguable grounds for appeal. See Anders v. California, 386 U.S.

738 (1967). We affirm.

I. ANDERS BRIEF

Counsel states in his brief that he has diligently reviewed the entire record and that

“the record contains no reversible error and no jurisdictional defects.” See id.; High v.

State, 573 S.W.2d 807, 813 (Tex. Crim. App. [Panel Op.] 1978). Counsel’s brief meets

the requirements of Anders as it presents a thorough, professional evaluation showing

why there are no arguable grounds for advancing an appeal. See In re Schulman, 252

S.W.3d 403, 406 n.9 (Tex. Crim. App. 2008) (orig. proceeding) (“In Texas, an Anders brief

need not specifically advance ‘arguable’ points of error if counsel finds none, but it must

provide record references to the facts and procedural history and set out pertinent legal

authorities.”); Stafford v. State, 813 S.W.2d 503, 510 n.3 (Tex. Crim. App. 1991).

2
In compliance with Kelly v. State, 436 S.W.3d 313, 319 (Tex. Crim. App. 2014),

counsel has carefully discussed why, under controlling authority, there is no reversible

error in the trial court’s judgment. Counsel has informed this Court that he has: (1) notified

appellant that he has filed an Anders brief and motion to withdraw; (2) provided appellant

with copies of these pleadings; (3) informed appellant of his rights to file a pro se

response, to review the record prior to filing that response, and to seek discretionary

review if we conclude that the appeal is frivolous; and (4) provided appellant with a form

motion for pro se access to the appellate record that only requires appellant’s signature

and date with instructions to file the motion within ten days. See Anders, 386 U.S. at 744;

Kelly, 436 S.W.3d at 319–20. In this case, appellant filed neither a timely motion seeking

pro se access to the appellate record nor a motion for extension of time to do so. Appellant

did not file a pro se response.

II. INDEPENDENT REVIEW

Upon receiving an Anders brief, we must conduct a full examination of all the

proceedings to determine whether the appeal is wholly frivolous. Penson v. Ohio, 488

U.S. 75, 80 (1988). We have reviewed the record and counsel’s brief, and we have found

no arguable reversible error. Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex. Crim. App.

2005) (“Due to the nature of Anders briefs, by indicating in the opinion it considered the

issues raised in the brief and reviewed the record for reversible error but found none, the

court of appeals met the requirements of Texas Rule of Appellate Procedure 47.1.”);

Stafford, 813 S.W.2d at 509.

III. MOTION TO WITHDRAW

In accordance with Anders, appellant’s court-appointed appellate counsel has filed

3
a motion to withdraw. See Anders, 386 U.S. at 744; see also In re Schulman, 252 S.W.3d

at 408 n.17 (citing Jeffery v. State, 903 S.W.2d 776, 779–80 (Tex. App.—Dallas 1995, no

pet.) (“If an attorney believes the appeal is frivolous, he must withdraw from representing

the appellant. To withdraw from representation, the appointed attorney must file a motion

to withdraw accompanied by a brief showing the appellate court that the appeal is

frivolous.” (citations omitted))). We grant the motion to withdraw.

Counsel is ordered to send a copy of this memorandum opinion and its

accompanying judgment to appellant, and to advise him of his right to file a petition for

discretionary review, within five days of the date of this memorandum opinion.1 See TEX.

R. APP. P. 48.4; see also In re Schulman, 252 S.W.3d at 412 n.35; Ex parte Owens, 206

S.W.3d 670, 673 (Tex. Crim. App. 2006).

IV. CONCLUSION

The trial court’s judgment is affirmed.

YSMAEL D. FONSECA
Justice

Do not publish.
TEX. R. APP. P. 47.2(b).

Delivered and filed on the
18th day of December, 2025.

1 No substitute counsel will be appointed. Should appellant wish to seek further review by the Texas

Court of Criminal Appeals, he must either retain an attorney to file a petition for discretionary review or file
a pro se petition for discretionary review. Any petition for discretionary review must be filed within thirty
days from the date of either this opinion or the last timely motion for rehearing that was overruled by this
Court. See TEX. R. APP. P. 68.2. Any petition for discretionary review must be filed with the clerk of the
Texas Court of Criminal Appeals, see id. R. 68.3(a), and must comply with the requirements of Rule 68.4
of the Texas Rules of Appellate Procedure. See id. R. 68.4.

4