Opinion
No. 04-08-00435-CR
Delivered and Filed: January 14, 2009. DO NOT PUBLISH.
Appealed from the 226th Judicial District Court, Bexar County, Texas, Trial Court No. 2007-CR-6552, Honorable Sid L. Harle, Judge Presiding. Affirmed.
Sitting: CATHERINE STONE, Chief Justice, KAREN ANGELINI, Justice, PHYLIS J. SPEEDLIN, Justice.
MEMORANDUM OPINION
Joe Cantu pleaded nolo contendere to the offense of indecency with a child by exposure, and was placed on five years deferred adjudication community supervision for the offense. The State subsequently filed a motion to revoke Cantu's community supervision and enter an adjudication of guilt, alleging Cantu had violated the terms of his community supervision by failing to submit to a clinical polygraph scheduled by his treatment provider. After a hearing on the State's motion, the trial court adjudicated Cantu guilty and sentenced him to three years imprisonment. We affirm. Cantu's court-appointed attorney filed a brief containing a professional evaluation of the record in accordance with Anders v. California, 386 U.S. 738 (1967). Counsel concludes that the appeal is frivolous and without merit. Counsel provided Cantu with a copy of the brief and informed him of his right to review the record and file his own brief. See Nichols v. State, 954 S.W.2d 83, 85-86 (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.). Cantu did not file a pro se brief. After reviewing the record and counsel's brief, we agree that the appeal is frivolous and without merit. The judgment of the trial court is therefore affirmed. Furthermore, we grant appellate counsel's motion to withdraw. Nichols, 954 S.W.2d at 86; Bruns 924 S.W.2d at 177 n. 1. No substitute counsel will be appointed. Should Cantu wish to seek further review of this case by 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 from the date of either this opinion or the last timely motion for rehearing that was overruled by this court. See TEX. R. APP. P. 68.2. Any petition for discretionary review must be filed with this court, after which it will be forwarded to the Texas Court of Criminal Appeals. See TEX. R. APP. P. 68.3; 68.7. Any petition for discretionary review should comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 68.4.