Opinion
04-22-00710-CR
02-07-2024
Roger JIMENEZ, Appellant v. The STATE of Texas, Appellee
DO NOT PUBLISH
From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2021CR9353 Honorable Raymond Angelini, Judge Presiding
Sitting: Luz Elena D. Chapa, Justice, Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice
MEMORANDUM OPINION
Lori I. Valenzuela, Justice
AFFIRMED; MOTION TO WITHDRAW GRANTED
Roger Jimenez was indicted for felony driving while intoxicated. Jimenez pled not guilty. After a two-day trial, the jury found Jimenez guilty, and the trial court sentenced Jimenez to five years' confinement.
On appeal, Jimenez's court-appointed appellate attorney filed a brief in which he concludes this appeal is frivolous and without merit, and requests to withdraw as counsel. The brief demonstrates a professional and thorough evaluation of the record and meets the requirements of Anders v. California, 386 U.S. 738 (1967) and High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). Counsel sent copies of the brief, which included a request to withdraw, to Jimenez and informed him of his rights in compliance with the requirements of Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014). This court notified Jimenez of the deadline to file a pro se brief. Jimenez did not file a pro se brief.
We have thoroughly reviewed the record and counsel's brief. We find no arguable grounds for appeal exist and have decided the appeal is wholly frivolous. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005); see also Nichols v. State, 954 S.W.2d 83, 85-86 (Tex. App.- San Antonio 1997, no pet.) (per curiam); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.- San Antonio 1996, no pet.). We therefore grant the request to withdraw filed by appointed counsel and affirm the trial court's judgment. See id.
No substitute counsel will be appointed. Should Jimenez 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 must 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 is overruled by this court. See Tex. R. App. P. 68.2. Any petition for discretionary review must be filed in the Court of Criminal Appeals. See id. 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. 68.4.