Joe Anthony Loredo v. State ( 2010 )

MEMORANDUM OPINION
No. 04-09-00819-CR
Joe Anthony LOREDO,
Appellant
v.
The STATE of Texas,
Appellee
From the County Court at Law No. 5, Bexar County, Texas
Trial Court No. 227041
Honorable Pat Priest, Judge Presiding
Opinion by: Rebecca Simmons, Justice
Sitting: Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: November 24, 2010
AFFIRMED
A jury found Joe Anthony Loredo guilty of driving while intoxicated, and the trial court
suspended Loredo’s sentence and placed him on community supervision. Loredo’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 Loredo 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
04-09-00819-CR
Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—San Antonio 1996,
no pet.). Loredo 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 Loredo wish to seek further review of this case by the Texas
Court of Criminal Appeals, Loredo must either retain an attorney to file a petition for
discretionary review or Loredo must file a pro se petition for discretionary review. Any petition
for discretionary review must be filed within thirty days from the date of either this opinion or
the last timely motion for rehearing that is overruled by this court. See TEX. R. APP. P. 68.2.
Any petition for discretionary review must be filed with this court, after which it will be
forwarded to the Texas Court of Criminal Appeals. See TEX. R. APP. P. 68.3, 68.7. 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.
Rebecca Simmons, Justice
DO NOT PUBLISH
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