Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00314-CR
Armando CARRION,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR4953
Honorable Philip A. Kazen, Jr., Judge Presiding
Opinion by: Luz Elena D. Chapa, Justice
Sitting: Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: January 21, 2015
MOTION TO WITHDRAW GRANTED; AFFIRMED
Armando Luis Carrion was found guilty by a jury of assault on a public servant with bodily
injury. The trial court sentenced Carrion to three years in prison and fined him $2,500. Carrion
timely appealed the judgment.
Carrion’s court-appointed appellate attorney filed a motion to withdraw and a brief in
which he raises no arguable points of error and concludes this appeal is frivolous and without
merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967), High v.
State, 573 S.W.2d 807 (Tex. Crim. App. 1978), and Gainous v. State, 436 S.W.2d 137 (Tex. Crim.
04-14-00314-CR
App. 1969). Counsel sent copies of the brief and motion to withdraw to Carrion and informed
Carrion of his rights in compliance with the requirements of Kelly v. State, 436 S.W.3d 313 (2014).
A full copy of the appellate record was provided to Carrion and he was advised of his right to file
a pro se brief. No pro se brief was filed.
After reviewing the record and counsel’s brief, we find no reversible error and agree with
counsel the appeal is wholly frivolous. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim.
App. 2005). We therefore grant the motion to withdraw filed by Carrion’s counsel and affirm the
trial court’s judgment. See id.; Nichols v. State, 954 S.W.2d 83, 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.). 1
Luz Elena D. Chapa, Justice
Do not publish
1
No substitute counsel will be appointed. Should Carrion 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 after either this opinion
is rendered or the last timely motion for rehearing or motion for 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 Court of Criminal
Appeals. See id. R. 68.3. 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.
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