Jose Hernandez v. State

Opinion

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-13-00631-CR

Jose HERNANDEZ,

Appellant

v.

The STATE of

The STATE of Texas,

Appellee

From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2012CR6911 Honorable Philip A. Kazen, Jr., Judge Presiding

Opinion by: Catherine Stone, Chief Justice

Sitting: Catherine Stone, Chief Justice Sandee Bryan Marion, Justice Marialyn Barnard, Justice

Delivered and Filed: July 9, 2014 AFFIRMED Jose Hernandez pled no contest to felony driving while intoxicated. Hernandez was sentenced to five years imprisonment in accordance with a plea bargain agreement; however, the sentence was suspended, and Hernandez was placed on ten years community supervision. Hernandez appeals the trial court’s pre-trial order denying his motion to quash his indictment. Hernandez’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 Hernandez with a copy of the brief and informed him of

04-13-00631-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.). Hernandez 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 Hernandez wish to seek further review of this case by the Texas Court of Criminal Appeals, Hernandez must either retain an attorney to file a petition for discretionary review or Hernandez 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.

Catherine Stone, Chief Justice DO NOT PUBLISH