Opinion
No. 04-16-00603-CR
11-08-2017
Belinda CISNEROS, Appellant v. The STATE of Texas, Appellee
MEMORANDUM OPINION
From the 79th Judicial District Court, Brooks County, Texas
Trial Court No. 15-06-11022-CR
Honorable Richard C. Terrell, Judge Presiding Opinion by: Irene Rios, Justice Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Irene Rios, Justice AFFIRMED
Belinda Cisneros pleaded guilty to the offense of possession of a controlled substance, cocaine, with intent to deliver in an amount over 400 grams. The trial court assessed punishment at twenty years' imprisonment. Because we conclude this appeal is frivolous and without merit, we affirm the trial court's judgment.
Cisneros's court-appointed appellate counsel filed a brief with this court representing that he conducted a professional evaluation of the record and determined there are no arguable grounds to be advanced on Cisneros's behalf. See Anders v. California, 386 U.S. 738, 744 (1967). With citations to the record and legal authority, counsel explains why he concluded the appeal is without merit. Counsel states he reviewed the indictment and evidence adduced at trial. The brief meets the requirements of Anders as it presents a professional evaluation showing why there is no basis to advance an appeal. Id. at 744-45; Stafford v. State, 813 S.W.2d 503, 509-10, 510 n.3 (Tex. Crim. App. 1991); High v. State, 573 S.W.2d 807, 812-13 (Tex. Crim. App. [Panel Op.] 1978).
Counsel certifies he provided Cisneros with copies of counsel's Anders brief and motion to withdraw and informed Cisneros of her right to review the record and file her own brief. See Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014). Additionally, counsel advised Cisneros to file a motion in this court if she wished to review the appellate record and enclosed a form motion for that purpose. See id; 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.). Thereafter, we set deadlines for Cisneros to file any motion for the record and any pro se brief. Cisneros did not file a pro se brief.
After reviewing the record and counsel's Anders brief, we conclude there is no reversible error and agree this appeal is frivolous and without merit. Accordingly, the judgment of the trial court is affirmed, and appellate counsel's request to withdraw is granted. Nichols, 954 S.W.2d at 86; Bruns, 924 S.W.2d at 177 n.1.
No substitute counsel will be appointed. Should Cisneros wish to seek further review of this case by the Texas Court of Criminal Appeals, Cisneros must either retain an attorney to file a petition for discretionary review or Cisneros must file a pro se petition for discretionary review. Any petition for discretionary review must be filed within thirty days from the later of: (1) the date of this opinion; or (2) the date the last timely motion for rehearing is overruled by this court. See TEX. R. APP. P. 68.2. Any petition for discretionary review must be filed in the Texas Court of Criminal Appeals. See TEX. R. APP. P. 68.3. 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.
Irene Rios, Justice DO NOT PUBLISH