Hugo Israel Martinez, Appellant v. The State of Texas, Appellee (2014)

MEMORANDUM OPINION

After jury selection, Hugo Israel Martinez pleaded guilty to the first-degree felony offense of possession of four grams or more but less than 200 grams of cocaine with the intent to deliver.   The jury convicted Appellant of the offense, and it assessed his punishment at confinement for sixteen years.   The trial court sentenced Appellant accordingly.   We dismiss the appeal.

Appellant's court-appointed counsel has filed a motion to withdraw.   The motion is supported by a brief in which counsel professionally and conscientiously examines the record and applicable law and states that he has concluded that the appeal is frivolous.   Counsel has provided Appellant with a copy of the motion to withdraw, the brief, the clerk's record, and the reporter's record, and counsel has advised Appellant of his right to file a response to counsel's brief.   A response has not been filed.¹  Court-appointed counsel has complied with the requirements of Anders v. California, 386 U.S. 738 (1967);  Kelly v. State, 436 S.W.3d 313 (Tex.Crim.App.2014);  In re Schulman, 252 S.W.3d 403 (Tex.Crim.App.2008);  Stafford v. State, 813 S.W.2d 503 (Tex.Crim.App.1991);  High v. State, 573 S.W.2d 807 (Tex.Crim.App.1978);  Currie v. State, 516 S.W.2d 684 (Tex.Crim.App.1974);  Gainous v. State, 436 S.W.2d 137 (Tex.Crim.App.1969);  and Eaden v. State, 161 S.W.3d 173 (Tex.App.–Eastland 2005, no pet.).   Following the procedures outlined in Anders and Schulman, we have independently reviewed the record, and we agree that the appeal is without merit and should be dismissed.  Schulman, 252 S.W.3d at 409.

We note that counsel has the responsibility to advise Appellant that he may file a petition for discretionary review with the clerk of the Texas Court of Criminal Appeals seeking review by that court.  Tex.R.App. P. 48.4 (“In criminal cases, the attorney representing the defendant on appeal shall, within five days after the opinion is handed down, send his client a copy of the opinion and judgment, along with notification of the defendant's right to file a pro se petition for discretionary review under Rule 68.”).   Likewise, this court advises Appellant that he may file a petition for discretionary review pursuant to Tex.R.App. P. 68.

The motion to withdraw is granted, and the appeal is dismissed.

FOOTNOTES

1.   By letter, this court granted Appellant thirty days in which to exercise his right to file a response to counsel's brief.

PER CURIAM