Ernesto Esquivel Garcia v. State ( 2020 )

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DO NOT PUBLISH
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