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MEMORANDUM OPINION
No. 04-09-00058-CR
Mark Anthony GUZMAN,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2008CR0383W
Honorable Philip A. Kazen, Jr., Judge Presiding
Opinion by: Marialyn Barnard, Justice
Sitting: Sandee Bryan Marion, Justice
Rebecca Simmons, Justice
Marialyn Barnard, Justice
Delivered and Filed: October 14, 2009
AFFIRMED
Mark Anthony Guzman pled true to violating the conditions of his deferred adjudication
community supervision. His guilt was adjudicated, and he was sentenced to two years in a state jail
facility. Guzman’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 Guzman with a copy of the brief and informed him of his
04-09-00058-CR
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.). Guzman 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 Guzman wish to seek further review of this case by the Texas Court of
Criminal Appeals, Guzman must either retain an attorney to file a petition for discretionary review
or Guzman 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 is 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.
Marialyn Barnard, Justice
DO NOT PUBLISH
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