Michael Henry Solis v. The State of Texas Appeal from 216th Judicial District Court of Kerr County (memorandum opinion)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-19-00330-CR Michael Henry SOLIS, Appellant v. The STATE of Texas, Appellee From the 216th Judicial District Court, Kerr County, Texas Trial Court No. A11638 Honorable N. Keith Williams, Judge Presiding Opinion by: Sandee Bryan Marion, Chief Justice Sitting: Sandee Bryan Marion, Chief Justice Patricia O. Alvarez, Justice Liza A. Rodriguez, Justice Delivered and Filed: June 10, 2020 AFFIRMED Appellant Michael Henry Solis (“Solis”) pleaded guilty to a charge of aggravated robbery, and the trial court placed him on deferred adjudication probation. The State subsequently filed a “motion to proceed,” alleging Solis violated multiple conditions of his probation. After a hearing, the trial court signed a judgment adjudicating Solis guilty of the underlying offense and sentenced him to confinement for ten years. Solis appeals. Solis’s court-appointed appellate counsel filed a motion to withdraw and a brief in which he concludes this appeal is frivolous and without merit. The brief meets the requirements of Anders 04-10-00330-CR v. California, 386 U.S. 738 (1967) in that it: (1) recites the evidence contained in the appellate record, and (2) states counsel found no non-frivolous grounds for reversal in the record. Simultaneously with the brief, counsel filed a motion to withdraw as counsel and proof that counsel served a copy of the brief on Solis with a letter informing him of his right to file a pro se brief on his own behalf. By order dated January 10, 2020, this court also advised Solis of his right to request a copy of the appellate record and file a pro se brief. Although Solis requested and was provided a copy of the appellate record, as well as an extension of time to file a pro se brief, he did not file a pro se brief by the extended deadline. After reviewing the entire record and conducting an independent and thorough review, we conclude there are no arguable grounds for appeal and the appeal is frivolous. See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005). Accordingly, we affirm the trial court’s judgment and grant appellate counsel’s motion to withdraw.1 See id.; Nichols v. State, 954 S.W.2d 83, 86 (Tex. App.—San Antonio 1997, no pet.). Sandee Bryan Marion, Chief Justice DO NOT PUBLISH 1 No substitute counsel will be appointed. Should Solis wish to seek further review of this case in the Texas Court of Criminal Appeals, he 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 (30) days of the date of this opinion or the date this court overrules the last timely motion for rehearing. See TEX. R. APP. P. 68.2. Any petition for discretionary review must be filed with the clerk of the Texas Court of Criminal Appeals along with the rest of the filings in this case. See id. R. 68.3. Any petition for discretionary review must comply with the requirements of Texas Rule of Appellate Procedure 68.4. -2-
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