Andrew David Contreras v. State ( 2010 )

MEMORANDUM OPINION
No. 04-09-00768-CR
Andrew David CONTRERAS,
Appellant
v.
The STATE of Texas,
Appellee
From the County Court at Law No 4, Bexar County, Texas
Trial Court No. 235125
Honorable Sarah Garrahan-Moulder, Judge Presiding
Opinion by: Karen Angelini, Justice
Sitting: Karen Angelini, Justice
Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Delivered and Filed: September 1, 2010
AFFIRMED
After a trial on the merits, Andrew David Contreras was found guilty of possessing
marijuana and was sentenced to six months in jail and fined $300. His sentence was then
suspended, and he was placed on probation for one year. Contreras timely filed a notice of
appeal. His court-appointed appellate attorney filed a brief in which she raises two arguable
points of error, but nonetheless concludes that this appeal is frivolous and without merit. See
Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App.
04-09-00768-CR
1978). Counsel states that appellant was provided with a copy of the brief and motion to
withdraw and was further informed of his right to review the record and file his own brief. See
Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—San Antonio 1996, no pet.). Contreras did
not file a pro se brief.
We have reviewed the record and counsel’s brief. We agree that the appeal is frivolous
and without merit. The judgment of the trial court is affirmed. Furthermore, we grant the motion
to withdraw. See Nichols v. State, 954 S.W.2d 83, 85-86 (Tex. App.—San Antonio 1997, no
pet.); Bruns, 924 S.W.2d at 177 n.1.
No substitute counsel will be appointed. Should appellant 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 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 along with the rest of the filings in this case.
See TEX. R. APP. P. 68.3. Any petition for discretionary review must comply with the
requirements of Rule 68.4 of the Texas Rules of Appellate Procedure. TEX. R. APP. P. 68.4.
Karen Angelini, Justice
Do not publish
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