Ignacio Salas v. the State of Texas
04-20-00122-CR
| Tex. App. | Jun 9, 2021Background:
- Ignacio Salas was convicted by a jury of three counts of aggravated sexual assault of a child under 14 (first-degree felonies).
- Salas pleaded true to a prior felony enhancement, raising the statutory minimum to 15 years per count.
- The trial court sentenced Salas to 40 years’ imprisonment on each count, to run consecutively.
- Court‑appointed appellate counsel filed an Anders brief and a motion to withdraw, asserting the appeal was frivolous and raising no arguable issues.
- Counsel provided Salas with the brief, motion, and notice of his right to the appellate record and to file a pro se brief; Salas did not file a pro se brief.
- The Fourth Court of Appeals reviewed the record and counsel’s brief, found no reversible error, affirmed the convictions, and granted counsel’s motion to withdraw.
Issues:
| Issue | Salas' Argument | State's Argument | Held |
|---|---|---|---|
| Whether appellate counsel complied with Anders and may withdraw | Salas did not contest counsel’s compliance | Counsel complied with Anders; brief meets requirements | Court held counsel met Anders requirements and granted withdrawal |
| Whether any arguable appellate issues exist | No pro se issues raised by Salas | Appeal is frivolous; no reversible error | Court found no reversible error and affirmed |
| Validity of enhanced sentences and consecutive terms | No appellate challenge preserved/raised | Enhancement and sentences within statutory framework | Court affirmed sentences (no reversible error found) |
| Whether substitute counsel must be appointed for PDR | Salas did not request appointment | No substitute counsel will be appointed; Salas may file PDR pro se or retain counsel | Court declined to appoint substitute counsel and explained PDR process and deadlines |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (authorizes appointed counsel to file brief asserting appeal is frivolous and move to withdraw)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (Texas precedent addressing counsel withdrawal under Anders)
- Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969) (same)
- Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014) (counsel must notify defendant of appellate rights and provide record access)
- Nichols v. State, 954 S.W.2d 83 (Tex. App.—San Antonio 1997) (procedural support for granting counsel's withdrawal when no arguable issues exist)
- Bruns v. State, 924 S.W.2d 176 (Tex. App.—San Antonio 1996) (same)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (standard for concluding an appeal is frivolous and contains no reversible error)