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MEMORANDUM OPINION
No. 04-08-00033-CR
Jose Luis ALONZO,
Appellant
v.
The STATE of Texas,
Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 1992-CR-2181
Honorable Raymond Angelini, Judge Presiding
Opinion by: Alma L. López, Chief Justice
Sitting: Alma L. López, Chief Justice
Catherine Stone, Justice
Sandee Bryan Marion, Justice
Delivered and Filed: September 10, 2008
AFFIRMED
Jose Luis Alonzo pled guilty to capital murder pursuant to a plea bargain agreement and was
sentenced to life imprisonment. Alonzo appeals the trial court’s order denying his motion for post-
conviction DNA testing. Alonzo’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 Alonzo 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
04-08-00033-CR
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.). Alonzo 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 affirmed. Appellate counsel’s motion to withdraw
is granted. 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 Alonzo wish to seek further review of this case by the Texas Court of
Criminal Appeals, Alonzo must either retain an attorney to file a petition for discretionary review
or Alonzo must 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.
Alma L. López, Chief Justice
DO NOT PUBLISH
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