Jesus Cruz v. State ( 2012 )

MEMORANDUM OPINION
No. 04-11-00178-CR
Jesus CRUZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2010CR5330
Honorable Raymond Angelini, Judge Presiding
Opinion by: Catherine Stone, Chief Justice
Sitting: Catherine Stone, Chief Justice
Sandee Bryan Marion, Justice
Steven C. Hilbig, Justice
Delivered and Filed: February 15, 2012
AFFIRMED
Jesus Cruz entered an open plea of guilty to aggravated assault with a deadly weapon,
and the evidence established that he stabbed his wife thirteen times causing serious bodily injury.
A jury assessed his sentence at forty-five years in prison. Cruz’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 Cruz
with a copy of the brief and informed him of his right to review the record and file his own brief.
04-11-00178-CR
See Nichols v. State, 954 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.). Cruz 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 Cruz wish to seek further review of this case by the Texas
Court of Criminal Appeals, Cruz must either retain an attorney to file a petition for discretionary
review or Cruz 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DO NOT PUBLISH
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