Valentine Hale v. State ( 2011 )

MEMORANDUM OPINION
No. 04-11-00296-CR
Valentine HALE,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2009CR9120W
Honorable Mary D. Roman, Judge Presiding
Opinion by: Catherine Stone, Chief Justice
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Rebecca Simmons, Justice
Delivered and Filed: December 14, 2011
AFFIRMED
Based on Valentine Hale’s plea of true to violating the terms of his community
supervision, the trial court revoked Hale’s community supervision and sentenced him to five
years imprisonment. Hale’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. Counsel provided Hale with a copy of the brief and
informed him of his right to review the record and file his own brief. See Nichols v. State, 954
04-11-00296-CR
S.W.2d 83, 85-86 (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.). Hale did not file a pro se brief.
After reviewing the record and counsel’s brief, we agree that the appeal is frivolous and
without merit. The judgment of the trial court is affirmed. Appellate counsel’s request 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 Hale wish to seek further review of this case by the Texas
Court of Criminal Appeals, Hale must either retain an attorney to file a petition for discretionary
review or Hale 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DO NOT PUBLISH
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