Roy Alvarez v. The State of Texas Appeal from 399th Judicial District Court of Bexar County (memorandum opinion by chief justice marion)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-15-00396-CR Roy ALVAREZ, Appellant v. The The STATE of Texas, Appellee From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2011CR6084 Honorable Ray Olivarri, Judge Presiding Opinion by: Sandee Bryan Marion, Chief Justice Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Patricia O. Alvarez, Justice Delivered and Filed: March 9, 2016 AFFIRMED Roy Alvarez pled true to violating the terms of his deferred adjudication community supervision. The trial court adjudicated his guilt and sentenced him to fifteen years’ imprisonment. Alvarez’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 Alvarez 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 04-15-00396-CR Antonio 1996, no pet.). Although Alvarez filed letters acknowledging his receipt of the Anders brief, Alvarez did not file a pro se brief. After reviewing the record, counsel’s brief, and Alvarez’s letters, 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 Alvarez wish to seek further review of this case by the Texas Court of Criminal Appeals, Alvarez must either retain an attorney to file a petition for discretionary review or Alvarez 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. Sandee Bryan Marion, Chief Justice DO NOT PUBLISH -2-
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