Background
Ramona Llanez Delgadillo was indicted for felony driving while intoxicated in trial court cause number C-23-0588-CR and tampering with evidence in cause number C-23-0589-CR. Both offenses were third-degree felonies, and each was enhanced by two prior felony convictions.
Following a consolidated trial, a jury convicted Delgadillo of both offenses and found the enhancement allegations true. The trial court imposed the jury-assessed sentences of life imprisonment for felony DWI and 25 years’ imprisonment for evidence tampering, to run concurrently.
Delgadillo’s court-appointed appellate counsel filed motions to withdraw and Anders briefs stating that the record presented no meritorious or arguable appellate grounds. Counsel provided Delgadillo with the required materials and advised her of her rights to review the record, object, file a pro se response, and seek discretionary review. Delgadillo did not file a response.
The Court’s Holding
The Eleventh Court of Appeals independently reviewed the appellate records and counsel’s briefs under the procedures required by Anders v. California and related Texas authority. It concluded that both appeals were without merit.
The court therefore granted appointed counsel’s motions to withdraw and affirmed both trial court judgments. The memorandum opinion noted that Delgadillo retained the right to petition the Texas Court of Criminal Appeals for discretionary review.
Key Takeaways
- An appellate court receiving a compliant Anders brief must independently review the record to determine whether the appeal presents any arguable grounds.
- The court found no meritorious or arguable basis to disturb Delgadillo’s felony DWI or evidence-tampering conviction.
- The life and 25-year sentences remain in effect and are to be served concurrently.
Why It Matters
The decision illustrates the procedure Texas appellate courts follow when appointed counsel concludes that a criminal appeal is frivolous. Counsel’s assessment does not itself end the appeal; the court must conduct its own review of the record before permitting withdrawal and affirming the judgments.