Court of Civil Appeals of Texas, 2024

Ricardo Gonzalez v. the State of Texas

Ricardo Gonzalez v. the State of Texas
Court of Civil Appeals of Texas · Decided August 21, 2024

Ricardo Gonzalez v. the State of Texas

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-22-00747-CR Ricardo GONZALEZ, Appellant v. The STATE of Texas, Appellee From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR1779 Honorable Jennifer Peña, Judge Presiding Opinion by: Lori I. Valenzuela, Justice Sitting: Luz Elena D. Chapa, Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice Delivered and Filed: August 21, 2024 AFFIRMED; MOTION TO WITHDRAW GRANTED On February 20, 2019, Ricardo Gonzalez was indicted for aggravated robbery enhanced as a repeater given a previous felony conviction in Webb County, Texas. Gonzalez pled not guilty.

After a four-day trial, the jury found Gonzalez guilty, and the trial court sentenced Gonzalez to thirty years’ confinement.

On appeal, Gonzalez’s court-appointed appellate attorney filed a brief in which he concludes this appeal is frivolous and without merit, and requests to withdraw as counsel. The brief demonstrates a professional and thorough evaluation of the record and meets the requirements 04-22-00747-CR

of Anders v. California, 386 U.S. 738 (1967) and High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). Counsel sent copies of the brief, which included a request to withdraw, to Gonzalez and informed him of his rights in compliance with the requirements of Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014). This court notified Gonzalez of the deadline to file a pro se brief. On July 28, 2023, Gonzalez filed a pro se brief.

We have thoroughly reviewed the record, counsel’s brief, and Gonzalez’s pro se brief. We find no arguable grounds for appeal exist and have decided the appeal is wholly frivolous. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005); see also Nichols v. State, 954 S.W.2d 83, 85-86 (Tex. App.—San Antonio 1997, no pet.) (per curiam); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—San Antonio 1996, no pet.). We therefore grant the request to withdraw filed by appointed counsel and affirm the trial court’s judgment. See id. No substitute counsel will be appointed. Should Gonzalez 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 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 is overruled by this court. See TEX. R. APP. P. 68.2. Any petition for discretionary review must be filed in the Court of Criminal Appeals. See id. 68.3. Any petition for discretionary review must comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure. See id. 68.4.

Lori I. Valenzuela, Justice DO NOT PUBLISH

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