Martin Bueno v. State

MEMORANDUM OPINION
No. 04-11-00658-CR
Martin BUENO,
Appellants
v.
The STATE of Texas,
Appellees
From the 81st Judicial District Court, Frio County, Texas
Trial Court No. 08-04-00013-CRF
Honorable Donna S. Rayes, Judge Presiding
Opinion by: Steven C. Hilbig, Justice
Sitting: Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: March 28, 2012
MOTION TO WITHDRAW GRANTED; AFFIRMED
Martin Bueno was convicted of indecency with a child and sentenced to eight years in
prison. Bueno appealed the judgment. Bueno’s court-appointed appellate attorney filed a
motion to withdraw and a brief in which he raises no arguable points of error and concludes this
appeal is frivolous and without merit. The brief meets the requirements of Anders v. California,
386 U.S. 738 (1967), High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978), and Gainous v.
State, 436 S.W.2d 137 (Tex. Crim. App. 1969). Counsel states Bueno was provided copies of
04-11-00658-CR
the brief, the motion to withdraw, and the appellate record. Bueno was informed of his right to
file his own brief, but he has not done so.
After reviewing the record and counsel’s brief, we find no reversible error and agree with
counsel the appeal is wholly frivolous. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex.
Crim. App. 2005). We therefore grant the motion to withdraw filed by Bueno’s counsel and
affirm the trial court’s judgment. See id.; Nichols v. State, 954 S.W.2d 83, 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.).
No substitute counsel will be appointed. Should Bueno 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 after either this opinion is rendered or
the last timely motion for rehearing or motion for en banc reconsideration is overruled by this
court. See TEX. R. APP. P. 68.2. Any petition for discretionary review must be filed with the
clerk of the Court of Criminal Appeals and comply with the requirements of rule 68.4 of the
Texas Rules of Appellate Procedure. See id. R. 68.3, 68.4.
Steven C. Hilbig, Justice
DO NOT PUBLISH
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