CourtListener 10875110•Noe Olmos v. the State of Texas
Full text
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-25-00412-CR
___________________________
NOE OLMOS, Appellant
V.
THE STATE OF TEXAS
On Appeal from the 396th District Court
Tarrant County, Texas
Trial Court No. 1844776
Before Kerr, Bassel, and Womack, JJ.
Memorandum Opinion by Justice Kerr
MEMORANDUM OPINION
The State indicted Appellant Noe Olmos for the second-degree felony of
sexual assault of a child. See Tex. Penal Code § 22.011(a)(2)(C), (c)(1), (f). As part of a
plea bargain, Olmos pleaded guilty, and the trial court placed him on
deferred-adjudication community supervision for seven years. About two months
later, the State filed a petition to proceed to adjudication. For that proceeding, Olmos
pleaded true to the allegation in the State’s petition without a punishment agreement.
After hearing evidence from both the State and the defense, the trial court found
Olmos guilty and sentenced him to seven years’ confinement. See id.
§ 12.33 (providing imprisonment range of two to twenty years for second-degree
felony). Olmos timely appealed, and the trial court promptly appointed appellate
counsel to represent him.
Olmos’s counsel—after determining that Olmos’s appeal was frivolous—filed a
motion to withdraw and, in support of that motion, a brief. See Anders v. California,
386 U.S. 738, 744–45, 87 S. Ct. 1396, 1400 (1967). Counsel’s motion and brief meet
the requirements of Anders by presenting a professional evaluation of the record
demonstrating why there are no arguable grounds for relief. See id. at 744, 87 S. Ct. at
1400. Additionally, in compliance with Kelly v. State, counsel provided Olmos with
copies of the brief and the motion to withdraw and informed him of his right to file a
pro se response, to review the record, and to seek discretionary review pro se should
this court declare his appeal frivolous. See 436 S.W.3d 313, 319 (Tex. Crim. App.
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2014). Counsel also provided Olmos with a form motion for pro se access to the
appellate record. See id. at 319–20. Although given an opportunity to file a pro se
response to the Anders brief, Olmos has not filed one. The State, for its part, filed a
letter in which it agreed that Olmos had no meritorious grounds on which to advance
an appeal.
We have carefully reviewed the record and counsel’s brief and have determined
that Olmos’s appeal is wholly frivolous and without merit. Nothing in the record
arguably supports the appeal. See Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex. Crim.
App. 2005); see also Meza v. State, 206 S.W.3d 684, 685 n.6 (Tex. Crim. App. 2006). We
thus grant counsel’s motion to withdraw and affirm the trial court’s judgment.
/s/ Elizabeth Kerr
Elizabeth Kerr
Justice
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: June 11, 2026
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