Daniel Hernandez v. the State of Texas
02-24-00391-CR
Tex. App.Aug 21, 2025Background
- Daniel Hernandez pled guilty to a third-degree felony assault involving family violence in 2022 and was given five years' deferred-adjudication community supervision.
- In 2024, the State filed a petition to adjudicate, alleging Hernandez violated his probation in four ways.
- Hernandez stood mute at the hearing; the court entered pleas of not true, found three violations, adjudicated guilt, sentenced him to ten years (suspended), and placed him on four years’ community supervision plus 90 days in jail.
- Hernandez’s court-appointed counsel filed an Anders brief, indicating the appeal was frivolous and seeking to withdraw.
- Hernandez did not submit a pro se response; the State did not file a brief.
- The appellate court identified a minor judgment error regarding a fine, reformed the judgment to delete the improperly referenced fine, affirmed the judgment as modified, and granted counsel's withdrawal.
Issues
| Issue | Hernandez's Argument | State's Argument | Held |
|---|---|---|---|
| Whether any non-frivolous grounds for appeal exist | None asserted (Anders brief) | No brief filed | No arguable issues; appeal is frivolous |
| Whether a $482 fine was properly imposed | (No explicit argument) | (No explicit argument) | Fine reference deleted from judgment |
| Counsel withdrawal under Anders standard | Anders brief submitted | No brief filed | Counsel allowed to withdraw |
| Affirmation of adjudication and sentence | Not challenged | Not challenged | Adjudication and sentencing affirmed as modified |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (establishes procedure for counsel to withdraw when appeal is frivolous)
- Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014) (emphasizes need for defendant notification regarding Anders brief)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (outlines appellate review of Anders cases)
- Alexander v. State, 301 S.W.3d 361 (Tex. App.—Fort Worth 2009) (clarifies effect on fines when guilt is adjudicated)
- Taylor v. State, 131 S.W.3d 497 (Tex. Crim. App. 2004) (adjudication of guilt sets aside deferred adjudication, including fines)