Morales v. Texas - Felony Evading Arrest Conviction Affirmed
Summary
The Texas Court of Appeals, 9th District (Beaumont), affirmed the conviction of Ramon Gerardo Morales for felony evading arrest or detention with a vehicle. The jury found Morales guilty of the third-degree felony, and the trial court sentenced him to five years of confinement as a habitual offender based on a prior felony conviction.
What changed
The Texas Court of Appeals affirmed the felony evading arrest conviction of Ramon Gerardo Morales, finding the appeal wholly frivolous under Anders v. California standards. The court reviewed the entire record and counsel's brief, determining there was nothing to arguably support the appeal. Morales was convicted under Texas Penal Code § 38.04(b)(2)(A) and sentenced as a habitual offender to five years confinement under § 12.42(a).
This is a final judicial decision with no regulatory compliance obligations. The case serves as precedent for the application of felony evading arrest statutes and habitual offender sentencing enhancements in Texas. Criminal defendants and defense counsel should note the court's thorough review process for frivolous appeals and the importance of identifying any arguable grounds for appeal before Anders briefing.
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April 1, 2026 Get Citation Alerts Download PDF Add Note
Ramon Gerardo Morales v. the State of Texas
Texas Court of Appeals, 9th District (Beaumont)
- Citations: None known
- Docket Number: 09-25-00379-CR
- Nature of Suit: Evading Arrest
Disposition: Affirmed
Disposition
Affirmed
Lead Opinion
In The
Court of Appeals
Ninth District of Texas at Beaumont
NO. 09-25-00379-CR
RAMON GERARDO MORALES, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 75th District Court
Liberty County, Texas
Trial Cause No. 24DC-CR-00198
MEMORANDUM OPINION
A jury found Appellant Ramon Gerardo Morales guilty of felony evading
arrest or detention with a vehicle, a third-degree felony. See Act of May 27, 2011,
82nd Leg., R.S., ch. 920, § 3, 2011 Tex. Sess. Law Serv. 2321, 2322; Act of May
23, 2011, 82nd Leg., R.S., ch. 391, § 1, 2011 Tex. Sess. Law Serv. 1046, 1046
1
(current version at Tex. Penal Code Ann. § 38.04 (b)(2)(A)). 1 The trial court found
there was sufficient evidence that Morales had a prior felony conviction as alleged
in the indictment and assessed Morales’s punishment as a habitual offender at five
years of confinement. See Tex. Penal Code Ann. § 12.42 (a).
Morales’s appellate counsel filed an Anders brief that presents counsel’s
professional evaluation of the record and concludes the appeal is frivolous. See
Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex.
Crim. App. 1978). On December 15, 2025, we granted an extension of time for
Morales to file a pro se brief, and Morales filed no response.
Upon receiving an Anders brief, this Court must conduct a full examination
of all the proceedings to determine whether the appeal is wholly frivolous. Penson
v. Ohio, 488 U.S. 75, 80 (1988) (citing Anders, 386 U.S. at 744). We have reviewed
the entire record and counsel’s brief, and we have found nothing that would arguably
support the appeal. 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
1
We note that the Legislature enacted two different versions of section
38.04(b) in 2011 and that an offense is a third-degree felony if an offender used a
vehicle to evade arrest, regardless of whether he has a prior conviction
for evading. See Copeland v. State, No. 09-19-00194-CR, 2020 WL 1280194, at *3
(Tex. App.—Beaumont Mar. 18, 2020, no pet.) (mem. op., not designated for
publication); see also Act of May 27, 2011, 82nd Leg., R.S., ch. 920, § 3, 2011 Tex.
Sess. Law Serv. 2321, 2322; Act of May 23, 2011, 82nd Leg., R.S., ch. 391, § 1,
2011 Tex. Sess. Law Serv. 1046, 1046 (current version at Tex. Penal Code Ann. §
38.04 (b)(2)(A)).
2
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.”). Therefore, we find it unnecessary to order appointment of new
counsel to re-brief the appeal. Cf. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim.
App. 1991). We affirm the trial court’s judgment.2
AFFIRMED.
JAY WRIGHT
Justice
Submitted on March 24, 2026
Opinion Delivered April 1, 2026
Do Not Publish
Before Golemon, C.J., Wright and Chambers, JJ.
2
Morales may challenge our decision in this case by filing a petition of
discretionary review with the Texas Court of Criminal Appeals. See Tex. R. App. P.
68.1.
3
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