Jose A. Escalante v. State ( 2013 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-12-00408-CR
Jose A. ESCALANTE,
Appellant
v.
The STATE of
The STATE of Texas,
Appellee
From the 379th Judicial District Court, Bexar County, Texas
Trial Court No. 2009CR11013
Honorable Pat Priest, Judge Presiding
Opinion by: Karen Angelini, Justice
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Rebeca C. Martinez, Justice
Delivered and Filed: June 12, 2013
AFFIRMED
Jose A. Escalante was indicted for murder. Pursuant to a plea-bargain agreement,
Escalante pled no contest to the reduced charge of manslaughter. Because the parties agreed
Escalante’s plea would be open and the trial court would assess punishment, the trial court held a
sentencing hearing. After hearing evidence related to punishment, the trial court sentenced
Escalante to twenty years imprisonment. Escalante timely filed a notice of appeal. His court-
appointed appellate attorney has filed a brief in which she raises three arguable points of error,
but nonetheless concludes that this appeal is frivolous and without merit. See Anders v.
04-12-00408-CR
California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978).
Counsel states that appellant was provided with a copy of the brief and motion to withdraw, and
was further informed of his right to review the record and file his own brief. See Bruns v. State,
924 S.W.2d 176, 177 n.1 (Tex. App.—San Antonio 1996, no pet.). Escalante did not file a pro se
brief.
We have reviewed the record and counsel’s brief. We agree that the appeal is frivolous
and without merit. The judgment of the trial court is 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 appellant 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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