Jorge Luis Valeriano Bonilla v. State
11-16-00185-CR
| Tex. App. | Dec 8, 2016Background
- Appellant Jorge Luis Valeriano Bonilla pleaded guilty to evading arrest or detention (state jail felony); the trial court deferred adjudication and placed him on 3 years community supervision.
- The State filed a motion to adjudicate (revocation); at the revocation hearing Bonilla pleaded true to the State’s allegations.
- The trial court found the allegations true, revoked community supervision, adjudicated guilt, and sentenced Bonilla to two years in state jail.
- Appellant appealed; court‑appointed counsel filed a motion to withdraw under Anders, concluding the appeal was frivolous and provided records and notice to Appellant.
- This Court independently reviewed the record per Anders/Schulman and concluded no arguable grounds for appeal existed.
- The Court granted counsel’s motion to withdraw and dismissed the appeal; Appellant was advised of his right to file a petition for discretionary review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plea of true is sufficient to support revocation and adjudication | Bonilla arguably challenges revocation adequacy | State contends a plea of true alone supports revocation | Held: Plea of true is sufficient to support revocation and adjudication (affirmed) |
| Whether issues from the original plea can be raised on revocation appeal | Bonilla may attempt to re‑litigate original plea issues | State argues original plea issues are not available on revocation appeal absent void judgment | Held: Original plea issues generally cannot be raised in revocation appeal unless judgment is void |
| Whether counsel complied with Anders requirements and appeal is frivolous | Bonilla implicitly contests counsel withdrawal adequacy by filing appeal | Counsel provided Anders brief, records, notice; Court independently reviewed record | Held: Counsel complied with Anders/Schulman; independent review found no arguable grounds; withdrawal granted and appeal dismissed |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedures for counsel withdrawal when appeal is frivolous)
- Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014) (standards for Anders‑type appellate counsel compliance)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (independent appellate review required when counsel seeks to withdraw)
- Smith v. State, 286 S.W.3d 333 (Tex. Crim. App. 2009) (one violation of community supervision sufficient to support revocation)
- Moses v. State, 590 S.W.2d 469 (Tex. Crim. App. 1979) (plea of true alone can support revocation)
- Jordan v. State, 54 S.W.3d 783 (Tex. Crim. App. 2001) (original plea issues are not reviewable on revocation appeal)
- Manuel v. State, 994 S.W.2d 658 (Tex. Crim. App. 1999) (same: scope of review on adjudication following revocation)