Leonard Garcia Lazo v. State ( 2014 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00132-CR
Leonard Garcia LAZO,
Appellant
v.
The
The STATE of Texas,
Appellee
From the 81st Judicial District Court, Karnes County, Texas
Trial Court No. 12-05-00060-CRK
Honorable Bert Richardson, Judge Presiding
Opinion by: Sandee Bryan Marion, Justice
Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Delivered and Filed: December 10, 2014
AFFIRMED; MOTION TO WITHDRAW GRANTED
Appellant pled no contest, pursuant to a plea agreement, to possession of a prohibited item
while in a correctional facility, and he was placed on community supervision. The State later filed
a motion to revoke, which the trial court granted. Punishment was assessed at five years’
confinement. This appeal ensued.
Appellant’s court-appointed appellate attorney filed a brief containing a professional
evaluation of the record and demonstrating that there are no arguable grounds to be advanced.
Counsel concludes that the appeal is without merit. The brief meets the requirements of Anders v.
04-14-00132-CR
California, 386 U.S. 738 (1967). Appellant was informed of his right to review the record and of
his right to file a pro se brief. Appellant did not file a pro se brief.
After reviewing the record and counsel’s brief, we agree the appeal is frivolous and without
merit. Accordingly, we affirm the trial court’s judgment, and we GRANT appellate counsel’s
motion to withdraw. 1 Nichols v. State, 954 S.W.2d 83, 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.).
Sandee Bryan Marion, Justice
Do not publish
1
No substitute counsel will be appointed. See In re Schulman, 252 S.W.3d 403, 408 n.22 (Tex. Crim. App. 2008).
Should appellant wish to seek further review of this case by the Texas Court of Criminal Appeals, appellant 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 date of either this opinion or the last
timely motion for rehearing that is overruled by this court. See TEX. R. APP. P. 68.2. Any petition for discretionary
review must be filed with Texas Court of Criminal Appeals. See TEX. R. APP. P. 68.3(a). Any petition for discretionary
review must comply with the requirements of Texas Rules of Appellate Procedure 68.4.
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