Gregory Chris Angelo v. State ( 2016 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-16-00456-CR
Gregory Chris Angelo, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT
NO. 47,376, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Gregory Chris Angelo was convicted of a non-death-penalty capital
murder in 1997, and the trial court automatically sentenced him to life imprisonment. He appealed
his conviction to this Court, which affirmed the conviction. In May, 2016, Angelo filed a pro se
motion for DNA testing in the trial court to have a pistol, pistol clip, and scissors found at the crime
scene tested for the presence of blood. The trial court concluded that Angelo had no reasonable
grounds for his motion for DNA testing and denied the motion.
Angelo’s court-appointed attorney has filed a motion to withdraw supported by a brief
concluding that the appeal is frivolous and without merit. Counsel’s brief meets the requirements of
Anders v. California by presenting a professional evaluation of the record and demonstrating that
there are no arguable grounds to be advanced. See Anders v. California, 386 U.S. 738, 744-45
(1967); Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); see also Penson v. Ohio,
488 U.S. 75, 80-82 (1988). Angelo’s counsel has represented to the Court that he provided copies
of the motion and brief to Angelo; advised Angelo of his right to examine the appellate record, file
a pro se brief, and pursue discretionary review following the resolution of the appeal in this Court;
and provided Angelo with a form motion for pro se access to the appellate record along with the
mailing address of this Court. See Kelly v. State, 436 S.W.3d 313, 319-21 (Tex. Crim. App. 2014).
Although Angelo requested and received the appellate record and additional time to file a pro se
brief, that time has run and no pro se brief has been filed.
We have independently reviewed the record and have found nothing that might
arguably support the appeal. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766; Bledsoe
v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We agree with counsel that the appeal
is frivolous and without merit. We grant counsel’s motion to withdraw and affirm the judgment
of conviction.1
1
No substitute counsel will be appointed. Should Angelo wish to seek further review of his
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. See generally Tex. R. App.
P. 68-79 (governing proceedings in Court of Criminal Appeals). Any petition for discretionary
review must be filed within thirty days from the date of either this opinion or the date that this Court
overrules the last timely motion for rehearing filed. See id. R. 68.2. The petition must be filed with
the clerk of the Court of Criminal Appeals. Id. R. 68.3(a). If the petition is mistakenly filed with
this Court, it will be forwarded to the Court of Criminal Appeals. Id. R. 68.3(b). Any petition for
discretionary review should comply with the rules of appellate procedure. See id. R. 68.4. Once this
Court receives notice that a petition has been filed, the filings in this case cause will be forwarded
to the Court of Criminal Appeals. See id. R. 68.7.
2
__________________________________________
David Puryear, Justice
Before Justices Puryear, Pemberton, and Field
Affirmed
Filed: November 17, 2016
Do Not Publish
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