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MEMORANDUM OPINION No. 04-07-00614-CR Antonio Marcelo QUESADA, Appellant v. The STATE of Texas, Appellee From the County Court, Bandera County, Texas Trial Court No. 06-00613 Honorable Richard A. Evans, Judge Presiding Opinion by: Phylis J. Speedlin, Justice Sitting: Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Marialyn Barnard, Justice Delivered and Filed: March 18, 2009 AFFIRMED A jury found Antonio Marcelo Quesada guilty of the offense of driving while intoxicated and assessed him 180 days’ incarceration, fully probated for two years, and a fine. Quesada’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 Quesada with a copy of the brief and informed him of his right to review the record and 04-07-00614-CR 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.). Quesada filed a pro se brief.

After reviewing the record, counsel’s brief, and Quesada’s brief, we agree that the appeal is frivolous and without merit. The judgment of the trial court is affirmed. Appellate counsel’s motion to withdraw is granted. Nichols v. State, 954 S.W.2d at 86; Bruns 924 S.W.2d at 177 n.1. No substitute counsel will be appointed. Should Quesada wish to seek further review of this case by the Texas Court of Criminal Appeals, Quesada must either retain an attorney to file a petition for discretionary review or Quesada must 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.

Phylis J. Speedlin, Justice

DO NOT PUBLISH

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