Natividad Gutierrez Rodriguez v. the State of Texas
CourtTexas Court of Appeals, 11th District (Eastland)
Date FiledJuly 10, 2026
Docket11-25-00031-CR
StatusPublished
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Full Opinion
Opinion filed July 10, 2026
In The
Eleventh Court of Appeals
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No. 11-25-00031-CR
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NATIVIDAD GUTIERREZ RODRIGUEZ, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 161st District Court
Ector County, Texas
Trial Court Cause No. B-23-0320-CR
MEMORANDUM OPINION
Appellant, Natividad Gutierrez Rodriguez, pleaded guilty to continuous
violence against the family, a third-degree felony. See TEX. PENAL CODE ANN.
§ 25.11(a), (e) (West Supp. 2025). Pursuant to the terms of a negotiated plea
agreement between Appellant and the State, the trial court assessed Appellant’s
punishment at imprisonment for ten years in the Institutional Division of the Texas
Department of Criminal Justice (TDCJ), but suspended imposition of the sentence
and placed Appellant on community supervision for a period of ten years. The State
subsequently moved to revoke Appellant’s community supervision, alleging that he
violated the terms and conditions of his community supervision. At the hearing on
the State’s motion to revoke, the State abandoned one of the allegations and
Appellant pleaded “true” to the remaining violations alleged. The trial court found
the violations to be “true,” revoked Appellant’s community supervision, and
assessed his punishment at imprisonment for eight years in TDCJ.
Appellant’s court-appointed counsel has filed a motion to withdraw in this
court. The motion is supported by a brief in which counsel professionally and
conscientiously examines the record and applicable law and concludes that there are
no arguable issues to present on appeal. See Anders v. California, 386 U.S. 738, 744
(1967); In re Schulman, 252 S.W.3d 403, 406–09 (Tex. Crim. App. 2008). Counsel
has provided Appellant with a copy of the brief, a copy of the motion to withdraw,
an explanatory letter, and a copy of the clerk’s record and reporter’s record. Counsel
also advised Appellant of his right to object to counsel’s motion to withdraw, to
review the record and file a pro se response to counsel’s Anders brief, and to file a
petition for discretionary review. See TEX. R. APP. P. 6.5, 68. As such, court-
appointed counsel has complied with the requirements of Anders, 386 U.S. at 742–
44; Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014); Schulman, 252 S.W.3d
at 409–12; and Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991).
Appellant has not filed a pro se response to counsel’s Anders brief. Following
the procedures outlined in Anders and Schulman, we have independently reviewed
the record and likewise conclude that the appeal is without merit. See Anders, 386
U.S. at 744; Bledsoe v. State, 178 S.W.3d 824, 826–27 & n.6 (Tex. Crim. App.
2005). Appellant pleaded “true” to both allegations, which the trial court accepted
and found to be “true.” We note that proof of one violation of the terms and
conditions of a probationer’s community supervision is sufficient to support the trial
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court’s revocation order. Smith v. State, 286 S.W.3d 333, 342 (Tex. Crim. App.
2009); Sanchez v. State, 603 S.W.2d 869, 871 (Tex. Crim. App. [Panel Op.] 1980);
Jones v. State, 472 S.W.3d 322, 324 (Tex. App.—Eastland 2015, pet. ref’d). In this
regard, a plea of “true,” standing alone, is sufficient to support a trial court’s decision
to revoke community supervision. See Garcia v. State, 387 S.W.3d 20, 26 (Tex.
Crim. App. 2012); Moses v. State, 590 S.W.2d 469, 470 (Tex. Crim. App. [Panel
Op.] 1979). Therefore, based on our independent review of the record, we agree
with counsel that no arguable grounds for appeal exist.1
Accordingly, we grant counsel’s motion to withdraw, and we affirm the
judgment of the trial court.
JOHN M. BAILEY
CHIEF JUSTICE
July 10, 2026
Do not publish. See TEX. R. APP. P. 47.2(b).
Panel consists of: Bailey, C.J.,
Trotter, J., and Williams, J.
We note that Appellant has the right to file a petition for discretionary review in the Texas Court
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of Criminal Appeals pursuant to Rule 68 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 68.
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