Amed Jasaad Boyce v. The State of Texas--Appeal from 187th Judicial District Court of Bexar County

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MEMORANDUM OPINION No. 04-10-00674-CR Amed Jasaad BOYCE, Appellant v. The STATE of Texas, Appellee From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2003CR8055 Honorable Raymond Angelini, Judge Presiding Opinion by: Catherine Stone, Chief Justice Sitting: Catherine Stone, Chief Justice Phylis J. Speedlin, Justice Marialyn Barnard, Justice Delivered and Filed: September 14, 2011 AFFIRMED After ordering post-conviction DNA testing, the trial court found that the results of the DNA analysis did not establish that, had the results been available during the trial of the offense, it is reasonably probably that Amed Jasaad Boyce would not have been convicted. TEX. CODE CRIM. PROC. art. 64.04. Boyce appeals the trial court s finding. Boyce 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. 04-10-00674-CR Counsel provided Boyce 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 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.). Boyce 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, 954 S.W.2d at 86; Bruns, 924 S.W.2d at 177 n.1. No substitute counsel will be appointed. Should Boyce wish to seek further review of this case by the Texas Court of Criminal Appeals, Boyce must either retain an attorney to file a petition for discretionary review or Boyce must file a pro se petition for discretionary review. Any petition for discretionary review must be filed within thirty days from the later of: (1) the date of this opinion; or (2) the date the last timely motion for rehearing is overruled by this court. See TEX. R. APP. P. 68.2. Any petition for discretionary review must be filed in the Texas Court of Criminal Appeals. See TEX. R. APP. P. 68.3. 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. Catherine Stone, Chief Justice DO NOT PUBLISH -2-

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