Otto Ray Kietzman v. State ( 2014 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00432-CR
Otto Ray KIETZMAN,
Appellant
v.
The STATE of Texas,
Appellee
From the Criminal District Court, Magistrate Court, Bexar County, Texas
Trial Court No. 2013W0631
Honorable Andrew Carruthers, Judge Presiding
Opinion by: Karen Angelini, Justice
Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Delivered and Filed: December 23, 2014
AFFIRMED
Otto Ray Kietzman appeals from an order denying his application for writ of habeas corpus
challenging his extradition to Alabama. Kietzman’s court-appointed counsel has filed a brief in
which he examines the record and discusses potential issues but ultimately 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 that Kietzman was provided with copies
of the brief and the motion to withdraw, and was further informed of his right to review the record
04-14-00432-CR
and file his own brief. See Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—San Antonio
1997, no pet.). Kietzman has not filed a pro se brief.
We have reviewed the record and counsel’s brief, and we agree that this appeal is frivolous
and without merit. The judgment of the trial court is therefore affirmed. Furthermore, we grant the
motion to withdraw. See Nichols v. State, 954 S.W.2d 83, 85–86 (Tex. App.—San Antonio 1997,
no pet.); Bruns, 924 S.W.2d at 177 n.1.
No substitute counsel will be appointed. Should Kietzman 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DO NOT PUBLISH
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