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MEMORANDUM OPINION
No. 04-08-00205-CR
Richard BURNS,
Appellant
v.
The STATE of Texas,
Appellee
From the 379th Judicial District Court, Bexar County, Texas
Trial Court No. 2006-CR-7717
Honorable Bert Richardson, Judge Presiding
Opinion by: Catherine Stone, Justice
Sitting: Catherine Stone, Justice
Phylis J. Speedlin, Justice
Steven C. Hilbig, Justice
Delivered and Filed: December 10, 2008
AFFIRMED
Richard Burns pleaded nolo contendere to the felony offense of enhanced assault and was
placed on community supervision for a term of eight years. The State filed a motion to revoke
Burns’s community supervision, alleging Burns had violated the terms of his supervision by using
a controlled substance (cocaine) on March 10, 2008. After a hearing on the State’s motion, the trial
court revoked Burns’s community supervision. The trial court subsequently sentenced Burns to a
term of eight years imprisonment. We affirm.
04-08-00205-CR
Burns’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 concludes that
the appeal is frivolous and without merit. Counsel provided Burns 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 pet.); Bruns v. State, 924 S.W.2d 176, 177
n.1 (Tex. App.—San Antonio 1996, no pet.). Burns did not file a pro se brief.
After reviewing the record and counsel’s brief, we agree that the appeal is frivolous and
without merit. The judgment of the trial court is therefore affirmed. Furthermore, we grant appellate
counsel’s motion to withdraw. Nichols v. State, 954 S.W.2d at 86; Bruns 924 S.W.2d at 177 n.1.
No substitute counsel will be appointed. Should Burns 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 from the date of either this opinion or the last timely motion
for rehearing that was overruled by this court. See TEX . R. APP . P. 68.2. Any petition for
discretionary review must be filed with this court, after which it will be forwarded to the Texas Court
of Criminal Appeals. See TEX . R. APP . P. 68.3; 68.7. 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.
Catherine Stone, Justice
DO NOT PUBLISH
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