CANTU v. STATE (2017)

MEMORANDUM OPINION

Jessica Cantu pleaded no contest to the felony offense of prostitution. The trial court assessed punishment at two years' imprisonment in a state jail facility, suspended in favor of four years' community supervision. Cantu timely appealed the judgment.

Cantu's court-appointed attorney filed a brief representing that he conducted a professional evaluation of the record and determined there are no arguable grounds to be advanced on Cantu's behalf. Counsel concluded this appeal is without merit. The brief meets the requirements of Anders v. California. See Anders v. California, 386 U.S. 738 (1967). Cantu was provided copies of counsel's brief and motion to withdraw and was informed of her right to review the record and file her own brief. See Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014). Additionally, counsel advised Cantu to file a motion in this court if she wished to review the appellate record and enclosed a form motion for that purpose. See id.; Nichols v. State, 954 S.W.2d 83, 85-86 (Tex. App.—San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—San Antonio 1996, no pet.). Thereafter, we set deadlines for Cantu to file any motion for the record and any pro se brief. Cantu filed a pro se brief, which we have reviewed.

After reviewing the record, counsel's Anders brief, and Cantu's pro se brief, we conclude there is no reversible error and agree this appeal is frivolous and without merit. Accordingly, the judgment of the trial court is affirmed, and appellate counsel's request to withdraw is granted.¹ Nichols, 954 S.W.2d at 86; Bruns, 924 S.W.2d at 177 n.1.

FOOTNOTES

1.   No substitute counsel will be appointed. Should Cantu wish to seek further review of this case by the Texas Court of Criminal Appeals, Cantu must either retain an attorney to file a petition for discretionary review or Cantu must 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 the last timely motion for rehearing is overruled by this court. See TEX. R. APP. P. 68.2. Any petition for discretionary review must be filed in the Texas Court of Criminal Appeals. See TEX. R. APP. P. 68.3. 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.

Irene Rios, Justice