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MEMORANDUM OPINION
No. 04-08-00671-CR
Joseph MELLO,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2002CR3122
Honorable Philip A. Kazen, Jr., Judge Presiding
Opinion by: Marialyn Barnard, Justice
Sitting: Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Marialyn Barnard, Justice
Delivered and Filed: April 8, 2009
AFFIRMED
Joseph Mello pled true to violating the conditions of his probation. His guilt was
adjudicated, and he was sentenced to thirty-five years imprisonment. Mello’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 Mello with a copy of the brief and informed him of his right to review the record and file
04-08-00671-CR
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.). Mello 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 Mello wish to seek further review of this case by the Texas Court of
Criminal Appeals, Mello must either retain an attorney to file a petition for discretionary review or
Mello 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DO NOT PUBLISH
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