Tom Rosales Hernandez v. State ( 2013 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-12-00427-CR
Tom Rosales HERNANDEZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2010CR0414W
The Honorable Angus McGinty, Judge Presiding
Opinion by: Karen Angelini, Justice
Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: March 6, 2013
AFFIRMED, MOTION TO WITHDRAW GRANTED
After appellant Tom Rosales Hernandez pled true to violating a condition of his
community supervision, the trial court revoked his community supervision and sentenced him to
six months in prison. Hernandez filed a notice of appeal.
Hernandez’s court-appointed appellate counsel has filed a motion to withdraw and a brief
in which he concludes that 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 states
Hernandez was provided with a copy of the motion to withdraw and the brief, and was informed
04-12-00427-CR
of his right to review the record and file his own brief. See Bruns v. State, 924 S.W.2d 176, 177
n. 1 (Tex. App.—San Antonio 1996, no pet.). Hernandez did not file a pro se brief. We have
reviewed the record and counsel’s brief. We agree with counsel 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.); id.
No substitute counsel will be appointed. Should Hernandez 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Do not publish
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