Samuel Chacon Menchaca, Jr. v. State ( 2017 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
Nos. 04-16-00775-CR & 04-16-00776-CR
Samuel Chacon MENCHACA, Jr.,
Appellant
v.
The STATE of Texas,
Appellee
From the 216th Judicial District Court, Kerr County, Texas
Trial Court Nos. A15427 & A15428
Honorable N. Keith Williams, Judge Presiding
Opinion by: Sandee Bryan Marion, Chief Justice
Sitting: Sandee Bryan Marion, Chief Justice
Marialyn Barnard, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: December 13, 2017
AFFIRMED
Samuel Chacon Menchaca, Jr. entered an open plea of guilty to two offenses of delivery of
a controlled substance in a drug free zone. Menchaca also pled true to two enhancement
paragraphs in the indictments. The trial court sentenced Menchaca as a habitual offender to thirty-
five years’ imprisonment for each offense with the sentences to run concurrently.
Menchaca’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 the
appeal has no merit. Counsel provided Menchaca with a copy of the brief and informed him of
04-16-00775-CR & 04-16-00776-CR
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.). Menchaca 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 Menchaca wish to seek further review of this case by the Texas Court of
Criminal Appeals, Menchaca must either retain an attorney to file a petition for discretionary
review or Menchaca 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.
Sandee Bryan Marion, Chief Justice
DO NOT PUBLISH
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