CourtListener 10645656•Jose Leonel Gonzales v. the State of Texas
Jose Leonel Gonzales v. the State of Texas
CourtListener 10645656Txctapp1031 juil. 2025
Texte intégral
Court of Appeals
Tenth Appellate District of Texas
10-24-00270-CR
Jose Leonel Gonzales,
Appellant
v.
The State of Texas,
Appellee
On appeal from the
474th District Court of McLennan County, Texas
Judge E. Alan Bennett, presiding
Trial Court Cause No. 2021-905-C6
JUSTICE SMITH delivered the opinion of the Court.
MEMORANDUM OPINION
Jose Leonel Gonzales was charged by indictment with three counts of
aggravated assault with a deadly weapon. See TEX. PENAL CODE ANN. §
22.02(a)(2). After a jury trial, Gonzales was convicted of aggravated assault
with a deadly weapon as charged in Count Two and of the lesser-included
offense of deadly conduct by discharging a firearm in Count One and Count
Three. See id. at §§ 22.02, 22.05(b)(2). On Counts One and Three, the jury
assessed his punishment at two years in prison and recommended that the
trial court place Gonzales on community supervision. On Count Two, the jury
assessed Gonzales’s punishment at ten years in prison. The trial court
sentenced Gonzales accordingly, and this appeal followed.
Gonzales’s appointed counsel has filed a motion to withdraw and an
Anders brief in support of the motion, asserting that he has diligently reviewed
the appellate record and that, in his opinion, the appeal is frivolous. See
Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967).
Counsel’s brief demonstrates a professional evaluation of the record for error
and he has demonstrated compliance with the other duties of appointed
counsel. See id. at 744; High v. State, 573 S.W.2d 807, 812-13 (Tex. Crim. App.
[Panel Op.] 1978); see also Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim.
App. 2014); In re Schulman, 252 S.W.3d 403, 407-09 (Tex. Crim. App. 2008).
By letter, we informed Gonzales of his right to review the appellate record and
to file a pro se response. Gonzales did not file a pro se response.
In reviewing an Anders appeal, we must conduct a full examination of
the proceedings to determine whether the appeal is wholly frivolous. Anders,
386 U.S. at 744; see Penson v. Ohio, 488 U.S. 75, 80, 109 S. Ct. 346, 349-50, 102
L. Ed. 2d 300 (1988). Arguments are frivolous when they “cannot conceivably
persuade the court.” McCoy v. Ct. of Appeals, 486 U.S. 429, 436 (1988). We
Jose Leonel Gonzales v. The State of Texas Page 2
have reviewed the entire record and counsel's brief and agree that the appeal
is frivolous. See Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex. Crim. App.
2005). Accordingly, we affirm the trial court’s judgment in Count One, Count
Two, and Count Three.
Counsel’s motion to withdraw from representation of Gonzales is
granted.
STEVE SMITH
Justice
OPINION DELIVERED and FILED: July 31, 2025
Before Chief Justice Johnson,
Justice Smith, and
Justice Harris
Affirmed, motion granted
Do not publish
CR25
Jose Leonel Gonzales v. The State of Texas Page 3
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