Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-21-00565-CR John Anthony SCHARRINGHAUSEN, Appellant v. The STATE of Texas, Appellee From the 226th Judicial District Court, Bexar County, Texas Trial Court No. 2020CR2612 Honorable Velia J. Meza, Judge Presiding Opinion by: Beth Watkins, Justice Sitting: Irene Rios, Justice Beth Watkins, Justice Lori I. Valenzuela, Justice Delivered and Filed: June 28, 2023 MOTION TO WITHDRAW GRANTED; AFFIRMED Appellant John Anthony Scharringhausen entered a plea of not guilty at the beginning of his murder trial. After the State rested, Scharringhausen changed his plea to no contest and the trial court found the evidence sufficient to substantiate the plea. The trial court sentenced Scharringhausen to a term of forty years’ confinement. After sentencing, Scharringhausen filed a motion to withdraw his plea, which the trial court denied. Scharringhausen then filed a motion for new trial on the grounds that he was harmed by relying on his trial counsel’s judgment in changing his plea.

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Scharringhausen’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 Scharringhausen 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.). Scharringhausen 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 Scharringhausen wish to seek further review of this case by the Texas Court of Criminal Appeals, Scharringhausen must either retain an attorney to file a petition for discretionary review or Scharringhausen 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

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