Juan Carlos Palomares v. State

Fourth Court of Appeals

San Antonio, Texas MEMORANDUM OPINION No. 04-15-00755-CR Juan Carlos PALOMARES, Appellant v. The STATE of Texas, Appellee From the 406th Judicial District Court, Webb County, Texas Trial Court No. 2015CRS000530 D4 Honorable Oscar J. Hale, Jr., Judge Presiding

Opinion by: Luz Elena D. Chapa, Justice Sitting: Sandee Bryan Marion, Chief Justice

Rebeca C. Martinez, Justice Luz Elena D. Chapa, Justice

Delivered and Filed: November 23, 2016 MOTION TO WITHDRAW GRANTED; AFFIRMED

Juan Carlos Palomares was found guilty by a jury of continuous sexual abuse of a child, and Palomares was sentenced to fifty years in prison. He appeals the judgment.

Palomares’s court-appointed appellate attorney filed a motion to withdraw and a brief in which he concludes 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 sent copies of the brief and motion to withdraw to Palomares and informed him of his rights in compliance with the requirements of Kelly v. State, 436 S.W.3d 313 (2014). The trial court clerk provided Palomares a copy of the appellate record, and this court then set a deadline for him to file a pro se brief. No pro se brief was filed.

We have thoroughly reviewed the record and counsel’s brief. We find no arguably harmful error that is reversible on direct appeal and we 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 Palomares’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.). 1

Luz Elena D. Chapa, Justice Do not publish