Antorr Lamar Allison v. State ( 2014 )


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  •                              Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    No. 04-13-00765-CR
    Antorr Lamar ALLISON,
    Appellant
    v.
    The State of
    The STATE of Texas,
    Appellee
    From the 226th Judicial District Court, Bexar County, Texas
    Trial Court No. 2013CR0418
    Honorable Dick Alcala, Judge Presiding
    Opinion by:      Karen Angelini, Justice
    Sitting:         Catherine Stone, Chief Justice
    Karen Angelini, Justice
    Rebeca C. Martinez, Justice
    Delivered and Filed: September 17, 2014
    AFFIRMED; MOTION TO WITHDRAW GRANTED
    On April 8, 2013, pursuant to a plea-bargain agreement, Antorr Lamar Allison was
    sentenced to two years in prison, his sentence was suspended, and he was placed on community
    supervision for two years. On July 31, 2013, the State filed a motion to revoke Allison’s
    community supervision, alleging Allison had violated two conditions of his community
    supervision. After a hearing, the trial court found that Allison had violated a condition of his
    community supervision. The trial court revoked Allison’s community supervision and sentenced
    him to two years in prison. Allison appealed.
    04-13-00765-CR
    Allison’s court-appointed counsel has filed a brief in which he discusses two potential
    points of error but nevertheless concludes that this appeal is frivolous and without merit. See
    Anders v. California, 
    386 U.S. 738
    (1967); High v. State, 
    573 S.W.2d 807
    (Tex. Crim. App. 1978).
    Counsel states that Allison was provided with copies of the brief and the motion to withdraw, and
    was further informed of his right to review the record and file his own brief. See Bruns v. State,
    
    924 S.W.2d 176
    , 177 n. 1 (Tex. App.—San Antonio 1996, no pet.). Allison has not filed a pro se
    brief.
    We have reviewed the record and counsel’s brief, and we agree that this appeal is frivolous
    and without merit. The judgment of the trial court is therefore affirmed. Furthermore, we grant the
    motion to withdraw. See Nichols v. State, 
    954 S.W.2d 83
    , 85–86 (Tex. App.—San Antonio 1997,
    no pet.); 
    Bruns, 924 S.W.2d at 177
    n. 1.
    No substitute counsel will be appointed. Should Allison 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 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.
    Karen Angelini, Justice
    DO NOT PUBLISH
    -2-
    

Document Info

Docket Number: 04-13-00765-CR

Filed Date: 9/17/2014

Precedential Status: Precedential

Modified Date: 10/30/2014