Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00176-CR
Marcus HIDALGO,
Appellant
v.
The STATE of TexasAppellee
The STATE of Texas,
Appellee
From the 25th Judicial District Court, Guadalupe County, Texas
Trial Court No. 12-1780-CR
Honorable Gary L. Steel, Judge Presiding
Opinion by: Karen Angelini, Justice
Sitting: Sandee Bryan Marion, Chief Justice
Karen Angelini, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: January 7, 2015
AFFIRMED
Marcus Hidalgo pled guilty to one count of aggravated sexual assault and one count of
indecency with a child, and the trial court sentenced Hidalgo to sixty years’ and twenty years’
imprisonment, respectively, with the sentences to run concurrently. Hidalgo’s court-appointed
attorney filed a brief containing a professional evaluation of the record in accordance with Anders
v. California, 386 U.S. 738 (1967). Counsel concludes that the appeal has no merit. Counsel
provided Hidalgo 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
04-14-00176-CR
pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—San Antonio 1996, no pet.). Hidalgo
filed a pro se letter brief.
After reviewing the record and counsel’s brief, we agree that the appeal is frivolous and
without merit. 1 The judgment of the trial court is affirmed. Appellate counsel’s request to
withdraw is granted. Nichols, 954 S.W.2d at 86; Bruns, 924 S.W.2d at 177 n.1. No substitute
counsel will be appointed. Should Hidalgo wish to seek further review of this case by the Texas
Court of Criminal Appeals, Hidalgo must either retain an attorney to file a petition for discretionary
review or Hidalgo 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.
Karen Angelini, Justice
DO NOT PUBLISH
1
Because we have determined that the appeal is frivolous, we do not address any of the issues raised by Hidalgo in
his pro se letter brief. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005).
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