Court of Civil Appeals of Texas, 2025

Guadalupe Cortez A/K/A Lupe Cortez; Chris Colunga; Lucas Perez; Guadalupe Castillo Cortez v. the State of Texas

Guadalupe Cortez A/K/A Lupe Cortez; Chris Colunga; Lucas Perez; Guadalupe Castillo Cortez v. the State of Texas
Court of Civil Appeals of Texas · Decided June 26, 2025

Guadalupe Cortez A/K/A Lupe Cortez; Chris Colunga; Lucas Perez; Guadalupe Castillo Cortez v. the State of Texas

Opinion

NUMBERS 13-24-00542-CR, 13-24-00543-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG GUADALUPE CORTEZ A/K/A LUPE CORTEZ; CHRIS COLUNGA; LUCAS PEREZ; GUADALUPE CASTILLO CORTEZ, Appellant, v. THE STATE OF TEXAS, Appellee.

ON APPEAL FROM THE 214TH DISTRICT COURT OF NUECES COUNTY, TEXAS

MEMORANDUM OPINION Before Justices Silva, Peña, and Cron Memorandum Opinion by Justice Peña Appellant Guadalupe Cortez a/k/a Lupe Cortez; Chris Colunga; Lucas Perez; and Guadalupe Castillo Cortez, appeals the trial court’s sentence of ten years’ confinement resulting from an open guilty plea to two separate counts of possession of a controlled substance in penalty group 1 or 1-B, more than four grams but less than 200 grams. See TEX. HEALTH & SAFETY CODE ANN. § 481.115(d). 1 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 judgments.

I. ANDERS BRIEF Pursuant to Anders v. California, appellant’s court-appointed appellate counsel has filed a brief and a motion to withdraw with this Court, stating that his 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, 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

1 One conviction was based on conduct that occurred on June 21, 2022 (trial court cause number 22FC-2893F, appellate cause number 13-24-00542-CR), and one based on conduct that occurred on June 1, 2023 (trial court cause number 24FC-0542F, appellate cause number 13-24-00543-CR). in writing that he: (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 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; 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. 2 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 judgments.

L. ARON PEÑA JR. Justice Do not publish.

TEX. R. APP. P. 47.2(b).

Delivered and filed on the 26th day of June, 2025.

2 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.