Leonard Garcia Lazo v. The State of Texas Appeal from 81st Judicial District Court of Karnes County (memorandum opinion )
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-14-00132-CR Leonard Garcia LAZO, Appellant v. The The STATE of Texas, Appellee From the 81st Judicial District Court, Karnes County, Texas Trial Court No. 12-05-00060-CRK Honorable Bert Richardson, Judge Presiding Opinion by: Sandee Bryan Marion, Justice Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Marialyn Barnard, Justice Delivered and Filed: December 10, 2014 AFFIRMED; MOTION TO WITHDRAW GRANTED Appellant pled no contest, pursuant to a plea agreement, to possession of a prohibited item while in a correctional facility, and he was placed on community supervision. The State later filed a motion to revoke, which the trial court granted. Punishment was assessed at five years’ confinement. This appeal ensued. Appellant’s court-appointed appellate attorney filed a brief containing a professional evaluation of the record and demonstrating that there are no arguable grounds to be advanced. Counsel concludes that the appeal is without merit. The brief meets the requirements of Anders v. 04-14-00132-CR California, 386 U.S. 738 (1967). Appellant was informed of his right to review the record and of his right to file a pro se brief. Appellant did not file a pro se brief. After reviewing the record and counsel’s brief, we agree the appeal is frivolous and without merit. Accordingly, we affirm the trial court’s judgment, and we GRANT appellate counsel’s motion to withdraw. 1 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.). Sandee Bryan Marion, Justice Do not publish 1 No substitute counsel will be appointed. See In re Schulman, 252 S.W.3d 403, 408 n.22 (Tex. Crim. App. 2008). Should appellant wish to seek further review of this case by the Texas Court of Criminal Appeals, appellant 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 Texas Court of Criminal Appeals. See TEX. R. APP. P. 68.3(a). Any petition for discretionary review must comply with the requirements of Texas Rules of Appellate Procedure 68.4. -2-
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