Fred D. Hall v. State ( 2012 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-12-00141-CR
Fred D. HALL,
Appellant
v.
The STATE of Texas,
Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2011-CR-0678
Honorable Maria Teresa Herr, Judge Presiding
Opinion by: Steven C. Hilbig, Justice
Sitting: Karen Angelini, Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: December 12, 2012
MOTION TO WITHDRAW GRANTED; AFFIRMED
Fred D. Hall was convicted by a jury of assault on a public servant and sentenced by the
trial court to five years in prison and a $2,000.00 fine. The trial court suspended the sentence of
confinement and placed Hall on community supervision for a period of five years. Hall appeals
the judgment.
Hall’s court-appointed appellate attorney filed a motion to withdraw and a brief in which
she 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.
04-12-00141-CR
1978), and Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). Hall was provided copies
of the brief and motion to withdraw and was informed of his right to review the record and file
his own brief. Hall has not filed a pro se brief.
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 Hall’s 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.).
No substitute counsel will be appointed. Should Hall 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.
Steven C. Hilbig, Justice
DO NOT PUBLISH
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