Carlos Julio Martinez v. State ( 2010 )

MEMORANDUM OPINION
No. 04-09-00212-CR
Carlos Julio MARTINEZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 2007-CR-5650
Honorable Mary Román, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Sandee Bryan Marion, Justice
Rebecca Simmons, Justice
Delivered and Filed: February 10, 2010
AFFIRMED
After entering a plea of no contest on April 3, 2009, the trial court found Appellant
Carlos Martinez guilty of the offense of aggravated assault causing serious bodily injury. The
trial court subsequently sentenced Martinez to seventeen years confinement in the Institutional
Division of the Texas Department of Criminal Justice. Martinez appeals the judgment of the trial
court.
04-09-00212-CR
Martinez’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 Martinez 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 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.). Martinez 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, therefore, affirmed. Furthermore, we grant
appellate counsel’s motion to withdraw. Nichols, 954 S.W.2d at 86; Bruns, 924 S.W.2d at 177
n.1. No substitute counsel will be appointed. Should Martinez 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 from the date of either this opinion or
the last timely motion for rehearing that was overruled by this court. See TEX. R. APP. P. 68.2.
Any petition for discretionary review must be filed with this court, after which it will be
forwarded to the Texas Court of Criminal Appeals. See TEX. R. APP. P. 68.3; 68.7. 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.
PER CURIAM
DO NOT PUBLISH
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