Opinion
No. 06-16-00183-CR
08-11-2017
MICHAEL EDWARD YNOSTROSA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 35th District Court Mills County, Texas
Trial Court No. 3127 Before Morriss, C.J., Moseley and Burgess, JJ.
MEMORANDUM OPINION
Michael Edward Ynostrosa appeals his conviction for possession of four or more but less than 200 grams of a Penalty Group 1 controlled substance. Ynostrosa's appellate counsel has filed a brief which discusses the record and reviews the trial proceedings in detail. After counsel's professional evaluation of the record, he has concluded that there are no arguable grounds to be advanced on appeal. This meets the requirements of Anders v. California, 386 U.S. 738, 743-44 (1967); Stafford v. State, 813 S.W.2d 503, 509-10 (Tex. Crim. App. 1991); and High v. State, 573 S.W.2d 807, 812-13 (Tex. Crim. App. [Panel Op.] 1978). After conducting our own review of the record, we find that there are no meritorious grounds for appeal, and we affirm the trial court's judgment.
See TEX. HEALTH & SAFETY CODE ANN. § 481.112(d) (West 2017). Affirmative findings were made that the possession occurred in a drug-free zone and that Ynostrosa used or exhibited a deadly weapon during commission of the offense. See TEX. HEALTH & SAFETY CODE ANN. § 481.134 (West 2017); TEX. CODE CRIM. PROC. ANN. art. 42.01, § 1(21), art. 42A.054(c), (d) (West Supp. 2016). Ynostrosa pled no contest to the indicted allegations and not true to the drug-free zone and deadly weapon allegations without a plea agreement. He was ultimately sentenced to thirty years' confinement by the trial court.
Originally appealed to the Third Court of Appeals, this case was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV'T CODE ANN. § 73.001 (West 2013). We are unaware of any conflict between precedent of the Third Court of Appeals and that of this Court on any relevant issue. See TEX. R. APP. P. 41.3.
Counsel mailed a copy of the brief to Ynostrosa on or about May 2, 2017, informing Ynostrosa of his right to file a pro se response, his right to review the record of the trial proceedings in doing so, and his right to petition the Court of Criminal Appeals for review should this Court affirm the trial court's judgment. Counsel has also filed a motion with this Court seeking to withdraw as counsel in this appeal. On May 23, 2017, this Court informed Ynostrosa that his pro se response was due on or before July 7, 2017. Ynostrosa did not file a pro se response to counsel's brief and did not request an extension of the deadline for doing so.
Counsel mailed Ynostrosa the reporter's and clerk's records on May 19 and 22, 2017, respectively.
We have determined that this appeal is wholly frivolous. We have independently reviewed the clerk's record and the reporter's record, and find no genuinely arguable issue. See Halbert v. Michigan, 545 U.S. 605, 623 (2005). We, therefore, agree with counsel's assessment that no arguable issue supports an appeal. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005).
We affirm the judgment of the trial court.
Since we agree that this case presents no reversible error, we also, in accordance with Anders, grant counsel's request to withdraw from further representation of appellant in this case. See Anders, 386 U.S. at 744. No substitute counsel will be appointed. Should appellant desire 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 (1) must be filed within thirty days from either the date of this opinion or the date on which the last timely motion for rehearing was overruled by this Court, see TEX. R. APP. P. 68.2, (2) must be filed with the clerk of the Texas Court of Criminal Appeals, see TEX. R. APP. P. 68.3, and (3) should comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure, see TEX. R. APP. P. 68.4.
Ralph K. Burgess
Justice Date Submitted: August 9, 2017
Date Decided: August 11, 2017 Do Not Publish