Badesire Bahindwa v. State

Opinion

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-18-00693-CR

Badesire BAHINDWA,

Appellant

v.

The STATE of Texas,

Appellee

From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2016CR5024 Honorable Mark Luitjen, Judge Presiding

Opinion by: Sandee Bryan Marion, Chief Justice

Sitting: Sandee Bryan Marion, Chief Justice Patricia O. Alvarez, Justice Irene Rios, Justice

Delivered and Filed: July 10, 2019 AFFIRMED Badesire Bahindwa pled true to violating the conditions of his deferred adjudication community supervision. The trial court adjudicated his guilt and sentenced him to four years’ imprisonment.

Bahindwa’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 Bahindwa 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.

04-18-00693-CR

App.—San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—San Antonio 1996, no pet.). Bahindwa 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 motion 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 Bahindwa wish to seek further review of this case by the Texas Court of Criminal Appeals, Bahindwa must either retain an attorney to file a petition for discretionary review or Bahindwa 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Sandee Bryan Marion, Chief Justice DO NOT PUBLISH