Document Info

DocketNumber: 04-21-00068-CR

Filed Date: 3/23/2022

Status: Precedential

Modified Date: 3/29/2022

  • Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-21-00068-CR Albert Araiza GARCIA, Appellant v. The STATE of Texas, Appellee From the 226th Judicial District Court, Bexar County, Texas Trial Court No. 2018CR0541 Honorable Velia J. Meza, Judge Presiding Opinion by: Beth Watkins, Justice Sitting: Rebeca C. Martinez, Chief Justice Luz Elena D. Chapa, Justice Beth Watkins, Justice Delivered and Filed: March 23, 2022 AFFIRMED Appellant Albert Araiza Garcia pleaded guilty to the offense of possession of a controlled substance with intent to deliver and was placed on community supervision for a period of ten years. The State subsequently filed a motion to revoke alleging violations of four conditions of the terms of Garcia’s community supervision. Garcia pled “true” to three of those allegations. The trial court found Garcia had violated those three terms, revoked his community supervision, and sentenced Garcia to a term of ten years’ confinement. 04-21-00068-CR 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 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. Beth Watkins, Justice DO NOT PUBLISH -2-