Juan Medrano v. State

MEMORANDUM OPINION

No. 04-11-00623-CR

Juan MEDRANO,

Appellant v.

The STATE of Texas,

Appellee

From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2009CR4544

Honorable Dick Alcala, Judge Presiding 1 PER CURIAM

Sitting: Catherine Stone, Chief Justice

Karen Angelini, Justice

Marialyn Barnard, Justice

Delivered and Filed: September 5, 2012

AFFIRMED

After a trial on the merits, Juan Medrano was found guilty of robbery and was sentenced to thirty-two years of imprisonment. Medrano timely filed a notice of appeal. His court- appointed appellate attorney filed a brief in which she raises one arguable point of error, but nonetheless 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 appellant was provided with a copy of the brief and 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.). Medrano did not file a pro se brief.

We have reviewed the record and counsel’s brief. We agree that the appeal is frivolous and without merit. The judgment of the trial court is 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 appellant 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.

PER CURIAM

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