Jennifer Brown v. The State of Texas--Appeal from 25th Judicial District Court of Guadalupe County
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MEMORANDUM OPINION No. 04-10-00056-CR Jennifer Juarez BROWN, Appellant v. The STATE of Texas, Appellee From the 25th Judicial District Court, Guadalupe County, Texas Trial Court No. 07-0702-CR Honorable Gary L. Steel, Judge Presiding Opinion by: Steven C. Hilbig, Justice Sitting: Catherine Stone, Chief Justice Sandee Bryan Marion, Justice Steven C. Hilbig, Justice Delivered and Filed: October 20, 2010 MOTION TO WITHDRAW GRANTED; AFFIRMED Jennifer Juarez Brown was convicted of possession of a controlled substance and sentenced to eight years in prison. She appeals the judgment. Brown s court-appointed appellate attorney filed a motion to withdraw and a brief in which he raises no arguable points of error and concludes this appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967), High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978), and Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). Counsel states Brown was provided a 04-10-00056-CR copy of the brief and motion to withdraw and was further informed of her right to review the record and file her own brief. Brown has not done so. After reviewing the record and counsel s brief, we find no reversible error and agree with counsel the appeal is wholly frivolous. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We therefore grant the motion to withdraw filed by Brown s counsel and affirm the trial court s judgment. See id.; Nichols v. State, 954 S.W.2d 83, 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.). No substitute counsel will be appointed. Should Brown wish to seek further review of this case by the Texas Court of Criminal Appeals, she must either retain an attorney to file a petition for discretionary review or 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 id. R. 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. R. 68.4. Steven C. Hilbig, Justice Do not publish -2-
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