Opinion
No. 04-15-00284-CR
01-27-2016
Kenneth Allen GOETZ, Appellant v. The STATE of Texas, Appellee
MEMORANDUM OPINION
From the 226th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR7400W
Honorable Sid L. Harle, Judge Presiding Opinion by: Luz Elena D. Chapa, Justice Sitting: Karen Angelini, Justice Marialyn Barnard, Justice Luz Elena D. Chapa, Justice MOTION TO WITHDRAW GRANTED; AFFIRMED
Kenneth Allen Goetz appeals the judgment convicting him of aggravated robbery. Goetz pled no contest to a charge of aggravated robbery in exchange for the State's recommendation that adjudication be deferred. Pursuant to the plea agreement, the trial court deferred adjudication and placed Goetz on community supervision for a period of five years. The State later filed a motion to adjudicate guilt, alleging Goetz violated various conditions of his community supervision. Goetz pled true to the allegations. The trial court adjudicated Goetz guilty and sentenced him to five years in prison.
Goetz's court-appointed appellate attorney filed a motion to withdraw and a brief in which he raises no arguable points of error and concludes this appeal is frivolous and 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 Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). Counsel sent copies of the brief and motion to withdraw to Goetz and informed Goetz of his rights in compliance with the requirements of Kelly v. State, 436 S.W.3d 313 (2014). Goetz was advised of his right to review the appellate record and file a pro se brief. In addition, counsel advised Goetz to immediately file a motion in this court if he wished to review the appellate record and enclosed a form motion for that purpose. Goetz did not request access to the record. This court then set a deadline for Goetz to file a pro se brief. No pro se brief was filed.
After reviewing the record and counsel's brief we find no reversible error and agree with counsel the appeal is wholly frivolous. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We therefore grant the motion to withdraw filed by Goetz's 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 Goetz 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 after either this opinion is rendered or the last timely motion for rehearing or 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 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. --------
Luz Elena D. Chapa, Justice DO NOT PUBLISH