Edward Navarette v. the State of Texas
CourtTexas Court of Appeals, 11th District (Eastland)
Date FiledAugust 31, 2026
Docket11-25-00150-CR
StatusPublished
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Full Opinion
Opinion filed August 31, 2026
In The
Eleventh Court of Appeals
__________
No. 11-25-00150-CR
__________
EDWARD NAVARETTE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Court at Law
Ector County, Texas
Trial Court Cause No. 24-0287-CCL
MEMORANDUM OPINION
A jury convicted Appellant, Edward Navarette, of driving while intoxicated,
a Class B misdemeanor, and the trial court assessed Appellant’s punishment at
confinement in the Ector County jail for 180 days and a $500 fine. See TEX. PENAL
CODE ANN. § 49.04(a), (b) (West Supp. 2025).
Appellant’s court-appointed counsel has filed a motion to withdraw in this
court, supported by a brief in which counsel professionally and conscientiously
examines the record and applicable law and concludes that there are no meritorious
or 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 copies of the clerk’s and reporter’s records. Counsel also
advised Appellant of his right to (1) object to counsel’s motion, (2) review the
record, (3) file a pro se response to counsel’s Anders brief, and (4) 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 409–12; and
Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991).
Appellant filed a pro se document that we construe to be his response to
counsel’s Anders brief. In addressing an Anders brief and a pro se response, a court
of appeals may only determine whether: (1) the appeal is wholly frivolous and, if so,
issue an opinion explaining that it has independently reviewed the record and finds
no reversible error; or (2) arguable grounds for appeal exist and, if so, remand the
cause to the trial court for appointment of new appellate counsel who will be
instructed to brief the issues. Schulman, 252 S.W.3d at 409; Bledsoe v. State, 178
S.W.3d 824, 826–27 (Tex. Crim. App. 2005).
Following the procedures outlined in Anders and Schulman, we have
independently reviewed the record, the brief, and Appellant’s pro se response, and
we agree with counsel that no arguable grounds for appeal exist. 1 See Anders, 386
U.S. at 744; Bledsoe, 178 S.W.3d 826–27.
We note that Appellant has the right to file a petition for discretionary review with the Court of
1
Criminal Appeals pursuant to Rule 68 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 68.
2
Accordingly, we grant counsel’s motion to withdraw, and we affirm the
judgment of the trial court.
W. STACY TROTTER
JUSTICE
August 31, 2026
Do not publish. See TEX. R. APP. P. 47.2(b).
Panel consists of: Bailey, C.J.,
Trotter, J., and Williams, J.
3