Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00631-CR
Jose HERNANDEZ,
Appellant
v.
The STATE of
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2012CR6911
Honorable Philip A. Kazen, Jr., Judge Presiding
Opinion by: Catherine Stone, Chief Justice
Sitting: Catherine Stone, Chief Justice
Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Delivered and Filed: July 9, 2014
AFFIRMED
Jose Hernandez pled no contest to felony driving while intoxicated. Hernandez was
sentenced to five years imprisonment in accordance with a plea bargain agreement; however, the
sentence was suspended, and Hernandez was placed on ten years community supervision.
Hernandez appeals the trial court’s pre-trial order denying his motion to quash his indictment.
Hernandez’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 Hernandez with a copy of the brief and informed him of
04-13-00631-CR
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.). Hernandez 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 request to withdraw
is granted. Nichols, 954 S.W.2d at 86; Bruns, 924 S.W.2d at 177 n.1. No substitute counsel will
be appointed. Should Hernandez wish to seek further review of this case by the Texas Court of
Criminal Appeals, Hernandez must either retain an attorney to file a petition for discretionary
review or Hernandez must file a pro se petition for discretionary review. Any petition for
discretionary review must be filed within thirty days from the later of: (1) the date of this opinion;
or (2) the date the last timely motion for rehearing is overruled by this court. See TEX. R. APP. P.
68.2. Any petition for discretionary review must be filed in the Texas Court of Criminal Appeals.
See TEX. R. APP. P. 68.3. 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DO NOT PUBLISH
-2-