Opinion
No. 04-19-00526-CR
07-22-2020
Johnny J. ALDANA, Appellant v. The STATE of Texas, Appellee
MEMORANDUM OPINION
From the 379th Judicial District Court, Bexar County, Texas
Trial Court No. 2018-CR-10064
Honorable Ron Rangel, Judge Presiding Opinion by: Patricia O. Alvarez, Justice Sitting: Sandee Bryan Marion, Chief Justice Patricia O. Alvarez, Justice Liza A. Rodriguez, Justice AFFIRMED
Appellant Johnny J. Aldana was charged with assault, family violence, as a repeat felony offender. Pursuant to a plea bargain, Aldana was placed on deferred adjudication community supervision which required participation in the battering intervention and prevention program. He violated probation, and the State filed a motion to revoke. Aldana pleaded true to several violations. The trial court sentenced him to four years in the Texas Department of Corrections Institutional Division.
Aldana's court-appointed appellate attorney filed a motion to withdraw and a brief in which he raises no arguable issues and concludes the appeal is without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967), High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978), and In re N.F.M., No. 04-18-00475-CV, 2018 WL 6624409 (Tex. App.—San Antonio Dec. 19, 2018, no pet.) (en banc). Counsel provided proof Aldana was given: (1) a copy of the brief, (2) a copy of the motion to withdraw, and (3) a motion to allow him to request the appellate record. Counsel also informed Aldana of his right to file his own brief, and Aldana has submitted none.
We have carefully reviewed the record and counsel's brief. We find no reversible error and agree with counsel the appeal is without merit. Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009). We therefore grant the motion to withdraw filed by Aldana's appointed counsel and affirm the trial court's judgment. See id.; Nichols v. State, 954 S.W.2d 83, 86 (Tex. App.—San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—San Antonio 1996, no pet.).
No substitute counsel will be appointed. Should Aldana wish to seek further review of this case in the Texas Court of Criminal Appeals, he must either retain an attorney to file a petition for discretionary review or file a pro se petition for discretionary review. Any petition for discretionary review must be filed within thirty days after either the day our judgment is rendered or the day the last timely motion for rehearing or timely motion for en banc reconsideration is overruled by this court. See TEX. R. APP. P. 68.2. Any petition for discretionary review must be filed with the clerk of the Texas Court of Criminal Appeals. See id. R. 68.3. Any petition for discretionary review must comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure. See id. R. 68.4.
Patricia O. Alvarez, Justice Do not publish