Jose Alonzo v. The State of Texas--Appeal from 187th Judicial District Court of Bexar County

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i i i i i i MEMORANDUM OPINION No. 04-08-00033-CR Jose Luis ALONZO, Appellant v. The STATE of Texas, Appellee From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 1992-CR-2181 Honorable Raymond Angelini, Judge Presiding Opinion by: Alma L. LÃ³pez, Chief Justice Sitting: Alma L. LÃ³pez, Chief Justice Catherine Stone, Justice Sandee Bryan Marion, Justice Delivered and Filed: September 10, 2008 AFFIRMED Jose Luis Alonzo pled guilty to capital murder pursuant to a plea bargain agreement and was sentenced to life imprisonment. Alonzo appeals the trial court s order denying his motion for postconviction DNA testing. Alonzo 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 Alonzo 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 04-08-00033-CR 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.). Alonzo 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 motion to withdraw is granted. Nichols v. State, 954 S.W.2d at 86; Bruns 924 S.W.2d at 177 n.1. No substitute counsel will be appointed. Should Alonzo wish to seek further review of this case by the Texas Court of Criminal Appeals, Alonzo must either retain an attorney to file a petition for discretionary review or Alonzo 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 was 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. See TEX . R. APP . P. 68.3, 68.7. 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. Alma L. LÃ³pez, Chief Justice DO NOT PUBLISH -2-

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