Opinion
No. 04-13-00287-CR
02-19-2014
Terry C. TRENTACOSTA, Appellant v. The STATE of Texas, Appellee
MEMORANDUM OPINION
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2006CR6469
Honorable Ray Olivarri, Judge Presiding
Opinion by: Karen Angelini, Justice Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Luz Elena Chapa, Justice
AFFIRMED; MOTION TO WITHDRAW GRANTED
Appellant Terry C. Trentacosta appeals the trial court's order denying his motion for forensic DNA testing under chapter 64 of the Texas Code of Criminal Procedure. Appellant's court-appointed attorney has filed a brief in which he concludes this appeal is frivolous and without merit. See Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). Counsel has also filed a motion to withdraw. Counsel represents that appellant was provided with a copy of the brief and the motion to withdraw, and was informed of his right to file his own brief. See Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—San Antonio 1996, no pet.). Appellant did not file his own brief.
We have reviewed the record and counsel's brief. We agree that this appeal is frivolous and without merit. The judgment of the trial court is affirmed, and the motion to withdraw is granted. See Nichols v. State, 954 S.W.2d 83, 85-86 (Tex. App.—San Antonio 1997, no pet.); Bruns, 924 S.W.2d at 177 n.1.
No substitute counsel will be appointed. Should appellant 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 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.
Karen Angelini, Justice DO NOT PUBLISH