Joel Medina v. The State of Texas--Appeal from 379th Judicial District Court of Bexar County
Annotate this Case
Download PDF
i i i i i i MEMORANDUM OPINION No. 04-08-00396-CR Joel MEDINA, Appellant v. The STATE of Texas, Appellee From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2007CR8022 Honorable Pat Priest, Judge Presiding1 Opinion by: Karen Angelini, Justice Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Rebecca Simmons, Justice Delivered and Filed: December 3, 2008 AFFIRMED In the trial court, Joel Medina entered an open plea of guilty to aggravated robbery and was sentenced to twelve years imprisonment. Medina timely filed a notice of appeal. His court-appointed appellate attorney filed a brief in which she raises an arguable point 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. 1978). Counsel states that Medina was 1 ¦ Sitting by assignment. 04-08-00396-CR 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.). Medina 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 Karen Angelini, Justice DO NOT PUBLISH -2-
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.
