Rafael Hernandez, Jr. v. The State of Texas--Appeal from 104th District Court of Taylor County (memorandum opinion per curiam)
Annotate this Case
Download PDF
Opinion filed January 30, 2014 In The Eleventh Court of Appeals ___________ No. 11-13-00222-CR ___________ RAFAEL HERNANDEZ, JR., Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 104th District Court Taylor County, Texas Trial Court Cause No. 18698B MEMORANDUM OPINION Appellant, Rafael Hernandez, Jr., entered an open plea of guilty to the charged offense of burglary of a habitation and to the allegation that he used a deadly weapon during the commission of the offense. After a presentence investigation report was prepared, the trial court convicted Appellant, made an affirmative deadly weapon finding, and assessed Appellant s punishment at confinement for fifteen years. We dismiss the appeal. Appellant s court-appointed counsel has filed a motion to withdraw. The motion is supported by a brief in which counsel professionally and conscientiously examines the record and applicable law and states that he has concluded that the appeal is frivolous. Counsel has provided Appellant with a copy of the brief and advised Appellant of his right to review the record and file a response to counsel s brief. A response has not been filed.1 Court-appointed counsel has complied with the requirements of Anders v. California, 386 U.S. 738 (1967); In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008); Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969); and Eaden v. State, 161 S.W.3d 173 (Tex. App. Eastland 2005, no pet.). Following the procedures outlined in Anders and Schulman, we have independently reviewed the record, and we agree that the appeal is without merit and should be dismissed. Schulman, 252 S.W.3d at 409. We note that counsel has the responsibility to advise Appellant that he may file a petition for discretionary review with the clerk of the Texas Court of Criminal Appeals seeking review by that court. TEX. R. APP. P. 48.4 ( In criminal cases, the attorney representing the defendant on appeal shall, within five days after the opinion is handed down, send his client a copy of the opinion and judgment, along with notification of the defendant s right to file a pro se petition for discretionary review under Rule 68. ). Likewise, this court advises Appellant that he may file a petition for discretionary review pursuant to TEX. R. APP. P. 68. 1 This court granted a motion for extension filed by counsel and gave Appellant fifty-nine days in which to exercise his right to file a response to counsel s brief. 2 The motion to withdraw is granted, and the appeal is dismissed. PER CURIAM January 30, 2014 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Wright, C.J., Willson, J., and Bailey, J. 3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
