Ramon Garcia v. The State of Texas Appeal from 218th Judicial District Court of Atascosa County (memorandum opinion by chief justice stone)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00890-CR Ramon GARCIA, Appellant v. The STATE of The STATE of Texas, Appellee From the 218th Judicial District Court, Atascosa County, Texas Trial Court No. 11-03-0040 CRA Honorable Donna S. Rayes, Judge Presiding Opinion by: Catherine Stone, Chief Justice Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Rebeca C. Martinez, Justice Delivered and Filed: September 10, 2014 AFFIRMED Ramon Garcia entered an open plea of no contest to possession of 50 to 2,000 pounds of marijuana. The offense is a second degree felony; however, it was enhanced to a first degree felony by a prior conviction of possession of 50 to 2,000 pounds of marijuana. Garcia was sentenced to ten years imprisonment. Garcia 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 Garcia with a copy of the brief and informed him of his 04-13-00890-CR 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.). Garcia 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 request 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 Garcia wish to seek further review of this case by the Texas Court of Criminal Appeals, Garcia must either retain an attorney to file a petition for discretionary review or Garcia 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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