Juan Martinez, Appellant v. The State of Texas, Appellee (2015)

MEMORANDUM OPINION

Appellant Juan Martinez was convicted by a jury of one count of continuous sexual abuse and assessed punishment at ninety-nine years' confinement in the Institutional Division of the Texas Department of Criminal Justice.   The trial court appointed appellate counsel, and counsel timely filed a notice of appeal.

Martinez's court-appointed appellate attorney filed a brief containing a professional evaluation of the record in accordance with Anders v. California, 386 U.S. 738 (1967);  counsel also filed a motion to withdraw.   In his brief, Martinez's counsel states that he has reviewed the entire record and found no reversible error.   See Tex.R.App. P. 44.2.   The brief meets the Anders requirements.   See id. at 744;  see also High v. State, 573 S.W.2d 807, 813 (Tex.Crim.App.1978);  Gainous v. State, 436 S.W.2d 137, 138 (Tex.Crim.App.1969).   As required, counsel provided Martinez with a copy of the brief and counsel's motion to withdraw, and informed Martinez of his right to review the record and file his own pro se brief.   See Nichols v. State, 954 S.W.2d 83, 85–86 (Tex.App.–San Antonio 1997, no pet.);   see also Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex.App.–San Antonio 1996, no pet.).   Martinez did not file a pro se brief.

After reviewing the entire record, we agree with counsel's Anders brief that the record contains no reversible error.   See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex.Crim.App.2005).   Accordingly, we affirm the trial court's judgment, see id., and grant counsel's motion to withdraw, see Nichols, 954 S.W.2d at 85–86;  Bruns, 924 S.W.2d at 177 n.1.

No substitute counsel will be appointed.   Should Martinez wish to seek further review of this case by the Texas Court of Criminal Appeals, she must either retain an attorney to file a petition for discretionary review or she must file a pro se petition for discretionary review.   Any petition for discretionary review must be filed within thirty days from (1) the date of this opinion or (2) the date the last timely motion for rehearing or en banc reconsideration is overruled by this court.   See Tex.R.App. P. 68.2.   Any petition for discretionary review must be filed with the clerk of the Texas Court of Criminal Appeals.   See id.   R. 68.3(a).   Any petition for discretionary review must comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure.   See id.   R. 68.4.

Opinion by: Patricia O. Alvarez, Justice