Opinion
No. 04-13-00485-CR
04-09-2014
Weldon Lee MCMILLIAN, Appellant v. The STATE of Texas, Appellee
MEMORANDUM OPINION
From the 19th Judicial District Court, McLennan County, Texas
Trial Court No. 2013-44-C1
Honorable Ralph T. Strother, Judge Presiding
Opinion by: Luz Elena D. Chapa, Justice Sitting: Karen Angelini, Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
MOTION TO WITHDRAW GRANTED; AFFIRMED
Weldon Lee McMillian entered an open plea of guilty to felony driving while intoxicated. He waived a jury and punishment was tried to the court. McMillian pled true to the enhancement paragraphs in the indictment and, after a hearing, the trial court sentenced McMillian to forty-five years in prison. McMillian timely appealed.
McMillian'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 informed McMillian of his right to file a pro se brief and provided him copies of the brief, the motion to withdraw, and the appellate record. McMillian filed a pro se brief in which he contends the indictment contained clerical errors and that at least one of the convictions alleged for enhancement purposes never occurred.
After reviewing the record, counsel's brief, and McMillian's pro se 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 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 McMillian 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