David Elias Barrera v. the State of Texas
CourtTexas Court of Appeals, 2nd District (Fort Worth)
Date FiledAugust 13, 2026
Docket02-25-00210-CR
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-25-00210-CR
___________________________
DAVID ELIAS BARRERA, Appellant
V.
THE STATE OF TEXAS
On Appeal from Criminal District Court No. 1
Tarrant County, Texas
Trial Court No. 1868848
Before Birdwell, Bassel, and Walker, JJ.
Memorandum Opinion by Justice Walker
MEMORANDUM OPINION
A jury convicted Appellant David Elias Barrera on two counts of aggravated
sexual assault of a child and one count of indecency with a child by contact.1 It
assessed his punishment at fifteen years’ imprisonment and a $10,000 fine on the first
aggravated-sexual-assault-of-a-child count, twenty years’ imprisonment on the second
aggravated-sexual-assault-of-a-child count, and five years’ imprisonment on the
indecency-with-a-child count. The trial court sentenced Barrera accordingly, and he
timely filed a notice of appeal.
After determining that Barrera’s appeal was frivolous, Barrera’s court-
appointed appellate counsel (Counsel) filed a motion to withdraw as counsel 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 Barrera with copies of the brief and
motion to withdraw; he informed Barrera of his rights to file a pro se response, to
review the record, and to seek discretionary review pro se should this court declare his
appeal frivolous; and he sent Barrera a form motion for pro se access to the appellate
record. See 436 S.W.3d 313, 319 (Tex. Crim. App. 2014). Barrera signed and filed the
The jury also acquitted Barrera on one count of aggravated sexual assault of a
1
child.
2
form motion to access the appellate record, which we granted. After the trial court
clerk certified to us that she had sent the appellate record to Barrera, we informed
Barrera by letter dated December 29, 2025, that his pro se response must be filed on
or before February 27, 2026, and that if he did not file his brief on or before that due
date, then we would assume that he did not intend to file a brief. Barrera has not filed
a brief. The State filed a letter indicating that it agrees with Counsel that Barrera’s
appeal is frivolous.
We have thoroughly reviewed the record and Counsel’s brief and have
determined that this appeal is wholly frivolous and without merit. We find nothing in
the record that might arguably support 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 therefore grant Counsel’s motion to withdraw and affirm the
trial court’s judgments.
/s/ Brian Walker
Brian Walker
Justice
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: August 13, 2026
3