Opinion
No. 04-15-00669-CR
12-21-2016
Angel Albert SANCHEZ, Appellant v. The STATE of Texas, Appellee
MEMORANDUM OPINION
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2007CR5693
Honorable Mary D. Roman, Judge Presiding Opinion by: Marialyn Barnard, Justice Sitting: Karen Angelini, Justice Marialyn Barnard, Justice Rebeca C. Martinez, Justice MOTION TO WITHDRAW GRANTED; AFFIRMED
Pursuant to a plea agreement with the State, appellant Angel Albert Sanchez pled nolo contendere to the offense of indecency with a child by contact. In accord with the plea agreement, the trial court placed Sanchez on six years deferred adjudication community supervision and assessed a fine of $1,500.00, which was also deferred. Subsequently, the trial court modified the conditions of community supervision. Later, the State filed two motions to adjudicate and revoke community supervision. The trial court again modified the terms of Sanchez's community supervision. The State subsequently filed a third motion to adjudicate and revoke community supervision, alleging Sanchez violated numerous conditions of his community supervision. Sanchez pled true to several of the alleged violations. Accordingly, the trial court found Sanchez violated the terms of his community supervision, adjudicated him guilty, revoked his community supervision, and sentenced him to six years in prison and assessed a $1,500.00 fine. Sanchez perfected this appeal.
Sanchez's court-appointed appellate attorney filed a motion to withdraw and a brief in which she 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). Sanchez was provided with a copy of the brief and informed of his right to obtain a copy of the appellate record and file his own brief. See Nichols v. State, 954 S.W.2d 83, 85-86 (Tex. App.—San Antonio July 23, 1997, no pet.). Appointed counsel provided Sanchez with a form which he could sign, date, and file with this court in order to obtain a copy of the record. See Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014). Sanchez filed neither a request for the record nor a pro se brief.
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 Sanchez's counsel and affirm the trial court's judgment. See id.; see also Nichols, 954 S.W.2d at 86; 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 Sanchez wish to seek further review of this case in 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 the day our judgment is rendered or the day the last timely motion for rehearing or timely 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 Texas 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.
Marialyn Barnard, Justice DO NOT PUBLISH