Guadalupe Pacheco v. State
13-15-00252-CR
| Tex. App. | Jul 24, 2015Background
- Appellant Guadalupe Pacheco pleaded guilty (no plea bargain) to two counts: aggravated assault with a deadly weapon and evading arrest/detention with a vehicle; a second aggravated-assault count was abandoned by the State.
- Plea and punishment proceedings occurred February 4 and February 19–20, 2015; the court accepted stipulations of fact and appointed a punishment hearing after finding the pleas voluntary and the defendant competent.
- At punishment the State introduced victim testimony and multiple prior-incident witnesses describing violent conduct and threats, plus photographs and other exhibits; evidence included prior assaults and intoxication-related conduct.
- Pacheco testified, admitted alcoholism and prior convictions, and sought treatment and rehabilitation; character and medical evidence (pastoral testimony, diabetes) were presented in mitigation.
- The trial court sentenced Pacheco to 20 years (Count 1) and 10 years (Count 3), imposed fines and costs, and certified the right to appeal; appellate counsel filed an Anders brief, concluding the record shows no reversible error and requesting permission to withdraw.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there are reversible errors in the trial proceedings | The State: the plea was knowing and voluntary, the record and punishment evidence support conviction and sentence | Appellant (through counsel): no non-frivolous issues identified; counsel requests leave to withdraw and invites appellant to file pro se brief | Counsel filed an Anders brief concluding no arguable grounds for reversal and asking the Court to review and permit withdrawal |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (establishes procedure for appointed counsel who concludes an appeal is frivolous)
- In re Schulman, 252 S.W.3d 403 (Tex.Crim.App.) (procedures and record-content guidance for Anders-type briefs)
- Hawkins v. State, 112 S.W.3d 340 (Tex.App.–Corpus Christi) (appellate review guidance for plea-and-punishment records)
- Stafford v. State, 813 S.W.2d 503 (Tex.Crim.App.) (standards for appellate counsel’s duties when finding appeal frivolous)
- Williams v. State, 976 S.W.2d 871 (Tex.App.–Corpus Christi) (Anders-brief practice and counsel withdrawal on appeal)