Sean Bob Reed v. State ( 2011 )

MEMORANDUM OPINION
No. 04-11-00284-CR
Sean Bob REED,
Appellant
v.
The STATE of Texas,
Appellee
From the 218th Judicial District Court, Atascosa County, Texas
Trial Court No. 10-01-00012-CRK
Honorable Bert Richardson, 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
After waiving his right to a jury trial, Sean Bob Reed was convicted by the trial court of
aggravated assault with a deadly weapon on a public servant and possession of a deadly weapon
in a penal institution. Reed’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 Reed 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
04-11-00284-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.). Reed 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 Reed wish to seek further review of this case by the Texas
Court of Criminal Appeals, Reed must either retain an attorney to file a petition for discretionary
review or Reed 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DO NOT PUBLISH
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