Opinion
No. 04-08-00034-CR
Delivered and Filed: November 5, 2008. DO NOT PUBLISH.
Appealed from the County Court at Law No. 7, Bexar County, Texas, Trial Court No. 983845, Honorable Monica Guerrero, Judge Presiding. AFFIRMED.
Sitting: KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice.
MEMORANDUM OPINION
A jury found Mark C. Peterson, defendant, guilty of assault-bodily injury, and the trial court assessed punishment. Defendant's court-appointed appellate attorney filed a brief containing a professional evaluation of the record and demonstrating that there are no arguable grounds to be advanced. Counsel concludes that the appeal is without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967). Defendant was informed of his right to review the record. Counsel provided defendant with a copy of the brief and advised him of his right to file a pro se brief. Defendant 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. Accordingly, we affirm the trial court's judgment, and we GRANT appellate counsel's motion to withdraw. 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. See In re Schulman, 252 S.W.3d 403, 408 n. 22 (Tex.Crim.App. 2008). Should defendant wish to seek further review of this case by the Texas Court of Criminal Appeals, defendantmust 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 timelymotion for rehearing that is overruled by this court. See TEX. R. APP. P. 68.2. Any petition for discretionary review mustbe filed with this court, after which it will be forwarded to the Texas Court of Criminal Appeals along with the rest ofthe filings in this case. See TEX. R. APP. P. 68.3. Any petition for discretionary review must comply with therequirements of Texas Rules of Appellate Procedure 68.4.