Opinion
No. 04-11-00284-CR
12-14-2011
Sean Bob REED, Appellant v. The STATE of Texas, Appellee
MEMORANDUM OPINION
From the 218th Judicial District Court, Atascosa County, Texas
Trial Court No. 10-01-00012-CRK
Honorable Bert Richardson, Judge Presiding
Opinion by: Catherine Stone, Chief Justice
Sitting:
Catherine Stone, Chief Justice
Karen Angelini, Justice
Rebecca Simmons, Justice
AFFIRMED
After waiving his right to a jury trial, Sean Bob Reed was convicted by the trial court of aggravated assault with a deadly weapon on a public servant and possession of a deadly weapon in a penal institution. Reed's court-appointed attorney filed a brief containing a professional evaluation of the record in accordance with Anders v. California, 386 U.S. 738 (1967). Counsel concludes that the appeal has no merit. Counsel provided Reed with a copy of the brief and informed him of his right to review the record and file his own brief. See 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.). Reed did not file a pro se brief.
After reviewing the record and counsel's brief, we agree that the appeal is frivolous and without merit. The judgment of the trial court is affirmed. 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 Reed wish to seek further review of this case by the Texas Court of Criminal Appeals, Reed must either retain an attorney to file a petition for discretionary review or Reed 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.
Catherine Stone, Chief Justice
DO NOT PUBLISH