CourtListener 10640652•Winston Ruiz v. the State of Texas
Gesamter Gesetzestext
In The
Court of Appeals
Ninth District of Texas at Beaumont
__________________
NO. 09-24-00439-CR
__________________
WINSTON RUIZ, Appellant
V.
THE STATE OF TEXAS, Appellee
__________________________________________________________________
On Appeal from the 9th District Court
Montgomery County, Texas
Trial Cause No. 23-11-16435-CR
_______________________________________________________________
MEMORANDUM OPINION
Winston Ruiz appeals his conviction for sexual assault, a second-degree felony.
See Tex. Penal Code Ann. § 22.011(a)(1). After filing the notice of appeal, the trial
court appointed an attorney to represent Ruiz in his appeal. The attorney discharged
his responsibilities to Ruiz by filing an Anders brief. See Anders v. California, 386
U.S. 738, 744 (1967).
In the brief, Ruiz’s attorney represents there are no arguable reversible errors
to be addressed in Ruiz’s appeal. See id.; High v. State, 573 S.W.2d 807 (Tex. Crim.
1
App. 1978). The brief the attorney filed contains a professional evaluation of the
record. In the brief, Ruiz’s attorney explains why, under the record in Ruiz’s case,
no arguable issues exist to reverse the trial court’s judgment. Id. Ruiz’s attorney also
represented that he sent Ruiz a copy of the brief and the record. When the brief was
filed, the Clerk of the Ninth Court of Appeals notified Ruiz, by letter, that he could
file a pro se brief or response with the Court on or before June 2, 2025. Ruiz did not
file a response.
When an attorney files an Anders brief, we are required to independently
examine the record and determine whether the attorney assigned to represent the
defendant has a non-frivolous argument that would support the appeal. Penson v.
Ohio, 488 U.S. 75, 80 (1988) (citing Anders, 386 U.S. at 744). After reviewing the
clerk’s record, the reporter’s record, and the attorney’s brief, we agree there are no
arguable grounds to support the appeal. See Bledsoe v. State, 178 S.W.3d 824, 827-
28 (Tex. Crim. App. 2005) (“Due to the nature of Anders briefs, by indicating in the
opinion that it considered the issues raised in the briefs and reviewed the record for
reversible error but found none, the court of appeals met the requirements of Texas
Rule of Appellate Procedure 47.1.”). Thus, it follows the appeal is frivolous. Id. at
826. For that reason, we need not require the trial court to appoint another attorney
to re-brief the appeal. See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App.
1991).
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The trial court’s judgment is affirmed. 1
AFFIRMED.
KENT CHAMBERS
Justice
Submitted on July 14, 2025
Opinion Delivered July 23, 2025
Do Not Publish
Before Golemon, C.J., Johnson and Chambers, JJ.
1Ruiz may challenge our decision in the case by filing a petition for
discretionary review with the Court of Criminal Appeals. See Tex. R. App. P. 68.
3
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