Ramon Garcia v. State ( 2014 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00890-CR
Ramon GARCIA,
Appellant
v.
The STATE of
The STATE of Texas,
Appellee
From the 218th Judicial District Court, Atascosa County, Texas
Trial Court No. 11-03-0040 CRA
Honorable Donna S. Rayes, Judge Presiding
Opinion by: Catherine Stone, Chief Justice
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Rebeca C. Martinez, Justice
Delivered and Filed: September 10, 2014
AFFIRMED
Ramon Garcia entered an open plea of no contest to possession of 50 to 2,000 pounds of
marijuana. The offense is a second degree felony; however, it was enhanced to a first degree
felony by a prior conviction of possession of 50 to 2,000 pounds of marijuana. Garcia was
sentenced to ten years imprisonment.
Garcia’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 Garcia with a copy of the brief and informed him of his
04-13-00890-CR
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.). Garcia 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 Garcia wish to seek further review of this case by the Texas Court of
Criminal Appeals, Garcia must either retain an attorney to file a petition for discretionary review
or Garcia 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DO NOT PUBLISH
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