Michael Herman Fuentes v. State ( 2012 )

MEMORANDUM OPINION
No. 04-12-00148-CR
Michael Herman FUENTES,
Appellant
v.
The STATE of Texas,
Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2011CR2445
Honorable Raymond Angelini, Judge Presiding
Opinion by: Catherine Stone, Chief Justice
Sitting: Catherine Stone, Chief Justice
Sandee Bryan Marion, Justice
Rebecca Simmons, Justice
Delivered and Filed: December 5, 2012
AFFIRMED
A jury found Michael Herman Fuentes guilty of aggravated assault with a deadly
weapon, and Fuentes was sentenced to five years imprisonment in accordance with the jury’s
verdict. Fuentes’s court-appointed attorney filed a brief containing a professional evaluation of
the record in accordance with Anders v. California, 386 U.S. 738 (1967). Counsel concludes that
the appeal has no merit. Fuentes was provided with a copy of the brief and informed of his right
to review the record and file his own brief. See Nichols v. State, 954 S.W.2d 83, 85-86 (Tex.
04-12-00148-CR
App.—San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—San
Antonio 1996, no pet.). Fuentes did not file a pro se brief.
After reviewing the record and counsel’s brief, we conclude that the appeal is frivolous
and without merit. The judgment of the trial court is affirmed. Appellate counsel’s motion to
withdraw is granted. Nichols, 954 S.W.2d at 86; Bruns, 924 S.W.2d at 177 n.1. No substitute
counsel will be appointed. Should Fuentes wish to seek further review of this case by the Texas
Court of Criminal Appeals, Fuentes must either retain an attorney to file a petition for
discretionary review or Fuentes must 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.
Catherine Stone, Chief Justice
DO NOT PUBLISH
-2-