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MEMORANDUM OPINION
No. 04-08-00435-CR
Joe Lewis CANTU,
Appellant
v.
The STATE of Texas,
Appellee
From the 226th Judicial District Court, Bexar County, Texas
Trial Court No. 2007-CR-6552
Honorable Sid L. Harle, Judge Presiding
Opinion by: Catherine Stone, Chief Justice
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Phylis J. Speedlin, Justice
Delivered and Filed: January 14, 2009
AFFIRMED
Joe Cantu pleaded nolo contendere to the offense of indecency with a child by exposure, and
was placed on five years deferred adjudication community supervision for the offense. The State
subsequently filed a motion to revoke Cantu’s community supervision and enter an adjudication of
guilt, alleging Cantu had violated the terms of his community supervision by failing to submit to a
clinical polygraph scheduled by his treatment provider. After a hearing on the State’s motion, the
trial court adjudicated Cantu guilty and sentenced him to three years imprisonment. We affirm.
04-08-00435-CR
Cantu’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 is frivolous and without merit. Counsel provided Cantu 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.). Cantu 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, 954 S.W.2d at 86; Bruns 924 S.W.2d at 177 n.1. No
substitute counsel will be appointed. Should Cantu 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, Chief Justice
DO NOT PUBLISH
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