Andrew David Contreras v. The State of Texas--Appeal from County Court at Law No 4 of Bexar County
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MEMORANDUM OPINION No. 04-09-00768-CR Andrew David CONTRERAS, Appellant v. The STATE of Texas, Appellee From the County Court at Law No 4, Bexar County, Texas Trial Court No. 235125 Honorable Sarah Garrahan-Moulder, Judge Presiding Opinion by: Karen Angelini, Justice Sitting: Karen Angelini, Justice Phylis J. Speedlin, Justice Rebecca Simmons, Justice Delivered and Filed: September 1, 2010 AFFIRMED After a trial on the merits, Andrew David Contreras was found guilty of possessing marijuana and was sentenced to six months in jail and fined $300. His sentence was then suspended, and he was placed on probation for one year. Contreras timely filed a notice of appeal. His court-appointed appellate attorney filed a brief in which she raises two arguable points 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. 04-09-00768-CR 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.). Contreras 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 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 with this court, after which it will be forwarded to the Texas Court of Criminal Appeals along with the rest of the filings in this case. See TEX. R. APP. P. 68.3. Any petition for discretionary review must comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure. TEX. R. APP. P. 68.4. Karen Angelini, Justice Do not publish -2-
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