Priscilla Rene Arrellano A/K/A Pricilla Rene Arrellano v. the State of Texas
Priscilla Rene Arrellano A/K/A Pricilla Rene Arrellano v. the State of Texas
Opinion
NUMBER 13-24-00435-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG
PRISCILLA RENE ARRELLANO A/K/A PRICILLA RENE ARRELLANO, Appellant, v. THE STATE OF TEXAS, Appellee.
ON APPEAL FROM THE 105TH DISTRICT COURT OF KENEDY COUNTY, TEXAS
MEMORANDUM OPINION Before Chief Justice Tijerina and Justices West and Cron Memorandum Opinion by Chief Justice Tijerina Appellant Priscilla Rene Arrellano a/k/a Pricilla Rene Arrellano was convicted of the third-degree felony offense of possession of marihuana in an amount of fifty pounds or less but more than five pounds. See TEX. HEALTH & SAFETY CODE ANN. § 481.121(b)(4).
Appellant pleaded guilty to the offense, and the trial court placed her on deferred adjudication community supervision. Subsequently, the State filed a motion to adjudicate guilt, alleging that appellant violated the terms of her community supervision on twenty- five occasions, including, among others, that appellant committed the offense of aggravated assault with a deadly weapon on or about October 31, 2022; committed the offense of deadly conduct by discharging a firearm on or about October 31, 2022; failed to report to her community supervision officer for the months of April 2024, May 2024, and June 2024; admitted to her community supervision officer “that she would test positive for THC”; “failed to submit for random drug testing on July 20, 2022”; and did not appear “for her urinalysis on July 14, 2022.” The State abandoned two allegations that appellant “committed the offense of Smuggling of Persons on or about April 10, 2022” and “committed the offense of Unlawful Carrying [a] Weapon [on] or about April 10, 2022.”
Appellant pleaded “true” to all the remaining allegations. The trial court proceeded to adjudication of guilt and sentenced appellant to five years’ incarceration. Appellant’s court-appointed counsel has filed an Anders brief stating that there are no arguable grounds for appeal. See Anders v. California, 386 U.S. 738, 744 (1967). We affirm the trial court’s judgment.
I. ANDERS BRIEF Pursuant to Anders v. California, appellant’s court-appointed appellate counsel filed a brief and a motion to withdraw with this Court, stating that her review of the record yielded no grounds of reversible error upon which an appeal could be predicated. See id. Counsel’s brief meets the requirements of Anders as it presents a professional evaluation demonstrating why there are no arguable grounds to advance on 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.” (citing Hawkins v. State, 112 S.W.3d 340, 343–44 (Tex. App.—Corpus Christi–Edinburg 2003, no pet.))); Stafford v. State, 813 S.W.2d 503, 510 n.3 (Tex. Crim. App. 1991).
In compliance with High v. State, 573 S.W.2d 807, 813 (Tex. Crim. App. [Panel Op.] 1978) and Kelly v. State, 436 S.W.3d 313, 319–22 (Tex. Crim. App. 2014), appellant’s counsel carefully discussed why, under controlling authority, there is no reversible error in the trial court’s judgment. Appellant’s counsel also informed this Court in writing that she: (1) notified appellant that counsel has filed an Anders brief and a motion to withdraw; (2) provided appellant with copies of both pleadings; (3) informed appellant of her 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 the appellate record. See Anders, 386 U.S. at 744; Kelly, S.W.3d at 319–20; see also In re Schulman, 252 S.W.3d at 408–09. 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 case 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 nothing that would arguably support an appeal. See 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 that it considered the issues raised in the briefs 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 511.
III. MOTION TO WITHDRAW In accordance with Anders, appellant’s counsel has asked this Court for permission to withdraw as counsel. See Anders, 386 U.S. at 744; see also In re Schulman, 252 S.W.3d at 408 n.17. We grant counsel’s motion to withdraw. Within five days from the date of this Court’s opinion, counsel is ordered to send a copy of this opinion and this Court’s judgment to appellant and to advise her of her right to file a petition for discretionary review.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 We affirm the trial court’s judgment.
JAIME TIJERINA Chief Justice Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed on the 17th day of April, 2025.
1 No substitute counsel will be appointed. Should appellant wish to seek further review of this case by the Texas Court of Criminal Appeals, she 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 or timely motion for en banc reconsideration 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.
Any petition for discretionary review should comply with the requirements of Texas Rule of Appellate Procedure 68.4. See id. R. 68.4.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.