Ernesto Esquivel Garcia v. The State of Texas Appeal from 227th Judicial District Court of Bexar County (memorandum opinion)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-19-00705-CR Ernesto Esquivel GARCIA, Appellant v. The STATE of Texas, Appellee From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR7806 Honorable Kevin M. O’Connell, Judge Presiding Opinion by: Sandee Bryan Marion, Chief Justice Sitting: Sandee Bryan Marion, Chief Justice Luz Elena D. Chapa, Justice Beth Watkins, Justice Delivered and Filed: October 21, 2020 AFFIRMED A jury found appellant Ernesto Esquivel Garcia (“Garcia”) guilty of murder, and the trial court sentenced him to confinement for life. Garcia’s court-appointed appellate counsel 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 Garcia 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, 04-19-00705-CR 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 the appeal is frivolous and without merit. The judgment of the trial court is affirmed, and counsel’s request to withdraw is granted. See id. No substitute counsel will be appointed. Should Garcia wish to seek further review of this case by 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 days from the later of: (1) the date of this opinion, or (2) 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 in the Texas Court of Criminal Appeals. See id. R. 68.3. Any petition for discretionary review should comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure. See id. R. 68.4. Sandee Bryan Marion, Chief Justice DO NOT PUBLISH -2-
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