CourtListener 10663600•Charles Anthony Cueva II v. the State of Texas
Charles Anthony Cueva II v. the State of Texas
CourtListener 10663600Txctapp13Aug 29, 2025
Full text
NUMBER 13-25-00036-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
CHARLES ANTHONY CUEVA II, Appellant,
v.
THE STATE OF TEXAS, Appellee.
ON APPEAL FROM THE 347TH DISTRICT COURT
OF NUECES COUNTY, TEXAS
MEMORANDUM OPINION
Before Justices Silva, Peña, and Cron
Memorandum Opinion by Justice Peña
Appellant Charles Anthony Cueva II was convicted by a jury for one count of
indecency with a child and two counts of aggravated sexual assault of a child. 1 See TEX.
1 Cueva’s appeal arises from trial court cause number 07-CR-2716-(H) (S1) in the 347th District
Court of Nueces County, Texas. Cueva has already pursued a direct appeal from that cause number. See
Cueva v. State, 339 S.W.3d 839, 847 (Tex. App.—Corpus Christi–Edinburg 2011, pet. ref’d). Cueva’s court-
appointed appellate counsel has filed a motion requesting that we take judicial notice of the appellate record
of the previous appeal. We grant said motion.
PENAL CODE ANN. §§ 21.11(a), 22.021(a)(1)(B). On July 25, 2024, Cueva filed a Chapter
64 motion for DNA testing arguing that:
[A]ll samples that have a reasonable likelihood of containing biological
material secured in relation to this offense be subjected to forensic DNA
analysis. . . . [T]he requested items either have “not previously (been)
subjected to DNA-Testing” or can be subjected to testing with newer testing
techniques that provide a reasonable likelihood of results that are more
accurate and probative than the results of the previous test.
On December 16, 2024, the trial court denied Cueva’s motion for Chapter 64 DNA testing
because he failed to show that he is entitled to such relief. Appellant’s court-appointed
counsel has filed an Anders brief stating that there are no arguable grounds for appeal.
See Anders v. California, 386 U.S. 738, 744 (1967). We affirm the trial court’s judgment.
I. ANDERS BRIEF
Pursuant to Anders v. California, appellant’s court-appointed appellate counsel
filed a brief and a motion to withdraw with this Court, stating that his review of the record
yielded no grounds of reversible error upon which an appeal could be predicated. See id.
Counsel’s brief meets the requirements of Anders as it presents a professional evaluation
demonstrating why there are no arguable grounds to advance on appeal. See In re
Schulman, 252 S.W.3d 403, 406 n.9 (Tex. Crim. App. 2008) (orig. proceeding) (“In Texas,
an Anders brief need not specifically advance ‘arguable’ points of error if counsel finds
none, but it must provide record references to the facts and procedural history and set
out pertinent legal authorities.” (citing Hawkins v. State, 112 S.W.3d 340, 343–44 (Tex.
App.—Corpus Christi–Edinburg 2003, no pet.))); Stafford v. State, 813 S.W.2d 503, 510
n.3 (Tex. Crim. App. 1991).
In compliance with High v. State, 573 S.W.2d 807, 813 (Tex. Crim. App. [Panel
2
Op.] 1978) and Kelly v. State, 436 S.W.3d 313, 319–22 (Tex. Crim. App. 2014),
appellant’s counsel carefully discussed why, under controlling authority, there is no
reversible error in the trial court’s judgment. Appellant’s counsel also informed this Court
in writing that he: (1) notified appellant that counsel has filed an Anders brief and a motion
to withdraw; (2) provided appellant with copies of both pleadings; (3) informed appellant
of his rights to file pro se responses, to review the record prior to filing those responses,
and to seek discretionary review if we conclude that the appeal is frivolous; and
(4) provided appellant with a form motion for pro se access to the appellate record that
only requires appellant’s signature and date with instructions to file the motion within ten
days. See Anders, 386 U.S. at 744; Kelly, 436 S.W.3d at 319–20; see also In re
Schulman, 252 S.W.3d at 408–09. Appellant filed a pro se brief in this appeal, however,
he did not file a pro se response to the Anders brief.
II. INDEPENDENT REVIEW
Upon receiving an Anders brief, we must conduct a full examination of all the
proceedings to determine whether the case is wholly frivolous. Penson v. Ohio, 488 U.S.
75, 80 (1988). We have reviewed the record, counsel’s brief, pro se appellant’s brief, and
we have found nothing that would arguably support an 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.”); Stafford, 813 S.W.2d at 511.
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III. MOTION TO WITHDRAW
In accordance with Anders, appellant’s counsel has asked this Court for
permission to withdraw as counsel. See Anders, 386 U.S. at 744; see also In re
Schulman, 252 S.W.3d at 408 n.17. We grant counsel’s motion to withdraw. Within five
days from the date of this Court’s opinion, counsel is ordered to send a copy of this opinion
and this Court’s judgment to appellant and to advise him of his right to file a petition for
discretionary review. 2 See TEX. R. APP. P. 48.4; see also In re Schulman, 252 S.W.3d at
411 n.35; Ex parte Owens, 206 S.W.3d 670, 673 (Tex. Crim. App. 2006).
VI. CONCLUSION
We affirm the trial court’s judgment.
L. ARON PEÑA JR.
Justice
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed on the
29th day of August, 2025.
2 No substitute counsel will be appointed. Should appellant wish to seek further review of this case
by the Texas Court of Criminal Appeals, he must either retain an attorney to file a petition for discretionary
review or file a pro se petition for discretionary review. Any petition for discretionary review must be filed
within thirty days from the date of either this opinion or the last timely motion for rehearing or timely motion
for en banc reconsideration that was overruled by this Court. See TEX. R. APP. P. 68.2. Any petition for
discretionary review must be filed with the Clerk of the Texas Court of Criminal Appeals. See id. R. 68.3.
Any petition for discretionary review should comply with the requirements of Texas Rule of Appellate
Procedure 68.4. See id. R. 68.4.
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