Samuel Chacon Menchaca, Jr. v. The State of Texas Appeal from 216th Judicial District Court of Kerr County (memorandum opinion)
Annotate this Case
Download PDF
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION Nos. 04-16-00775-CR & 04-16-00776-CR Samuel Chacon MENCHACA, Jr., Appellant v. The STATE of Texas, Appellee From the 216th Judicial District Court, Kerr County, Texas Trial Court Nos. A15427 & A15428 Honorable N. Keith Williams, Judge Presiding Opinion by: Sandee Bryan Marion, Chief Justice Sitting: Sandee Bryan Marion, Chief Justice Marialyn Barnard, Justice Luz Elena D. Chapa, Justice Delivered and Filed: December 13, 2017 AFFIRMED Samuel Chacon Menchaca, Jr. entered an open plea of guilty to two offenses of delivery of a controlled substance in a drug free zone. Menchaca also pled true to two enhancement paragraphs in the indictments. The trial court sentenced Menchaca as a habitual offender to thirtyfive years’ imprisonment for each offense with the sentences to run concurrently. Menchaca’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 the appeal has no merit. Counsel provided Menchaca with a copy of the brief and informed him of 04-16-00775-CR & 04-16-00776-CR 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.). Menchaca 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 Menchaca wish to seek further review of this case by the Texas Court of Criminal Appeals, Menchaca must either retain an attorney to file a petition for discretionary review or Menchaca 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-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
