Opinion
04-21-00481-CR
08-10-2022
Robert Stewart MAY, Appellant v. The STATE of Texas, Appellee
DO NOT PUBLISH
From the 81st Judicial District Court, Karnes County, Texas Trial Court No. 18-03-00041-CRK Honorable Lynn Ellison, Judge Presiding
Rebeca C. Martinez, Chief Justice Luz Elena D. Chapa, Justice Lori I. Valenzuela, Justice
MEMORANDUM OPINION
Lori I. Valenzuela, Justice
In 2020, the State moved to revoke appellant Robert May, Jr.'s community supervision for violating certain conditions by which he was bound following his convictions for the second-degree felony offenses of burglary of a habitation and aggravated assault with a deadly weapon as well as the third-degree felony offense of assault on a public servant. After a hearing, the trial court found sufficient proof establishing at least one of the State's allegations and revoked May's community supervision and sentenced him to imprisonment. May appealed.
The court-appointed appellate attorney for May filed a motion to withdraw and a brief in which he concludes this appeal is frivolous and without merit. The brief demonstrates a professional and thorough evaluation of the record and meets the requirements of Anders v. California, 87 S.Ct. 1396 (1967) and High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). Counsel sent copies of the brief and motion to withdraw to May 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 May of the deadline to file a pro se brief. He did not file a pro se brief. 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 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). We therefore grant the motion to withdraw filed by appointed counsel and affirm the trial court's judgment. See id.; Nichols, 954 S.W.2d at 86; Bruns, 924 S.W.2d at 177 n.1.
No substitute counsel will be appointed. Should May 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.
AFFIRMED, MOTION TO WITHDRAW GRANTED