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Sakhorn Khamsiry v. State ( 2014 )


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  •                               Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00575-CR
Sakhorn KHAMSIRY,
Appellant
v.
The
The STATE of Texas,
Appellee
From the 216th Judicial District Court, Kerr County, Texas
Trial Court No. A08-393
Honorable N. Keith Williams, Judge Presiding
Opinion by:       Luz Elena D. Chapa, Justice
Sitting:          Catherine Stone, Chief Justice
Marialyn Barnard, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: June 4, 2014
MOTION TO WITHDRAW GRANTED; AFFIRMED
Sakhorn Khamsiry appeals the judgment convicting him of possession of a controlled
substance and sentencing him to twenty-five years in prison.          Khamsiry’s court-appointed
appellate attorney filed a motion to withdraw and a brief in which he concludes this appeal is
frivolous and without merit.
The brief meets the requirements of Anders v. California,
    386 U.S. 738 
    (1967), High v.
State,
    573 S.W.2d 807 
    (Tex. Crim. App. 1978), and Gainous v. State,
    436 S.W.2d 137 
    (Tex. Crim.
04-13-00575-CR
App. 1969). Appellant was provided a copy of the brief and motion to withdraw and was informed
of his right to review the record and file his own brief. No pro se brief has been filed.
After reviewing the record and counsel’s brief, we find no reversible error and agree with
counsel the appeal is wholly frivolous. See Bledsoe v. State,
    178 S.W.3d 824
    , 826-27 (Tex. Crim.
App. 2005). We therefore grant the motion to withdraw filed by Khamsiry’s counsel and affirm
the trial court’s judgment. See id.; 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.). 1
Luz Elena D. Chapa, Justice
Do not publish
1
No substitute counsel will be appointed. Should Khamsiry 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 after either this
opinion is rendered or the last timely motion for rehearing or motion for en banc reconsideration is overruled by this
court. See Tex. R. App. P. 68.2. Any petition for discretionary review must be filed with the clerk of the Court of
Criminal Appeals. See
    id. R. 68.3. 
    Any petition for discretionary review must comply with the requirements of rule
68.4 of the Texas Rules of Appellate Procedure. See
    id. R. 68.4. 
    -2-