Monica Ann Avila v. State

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-12-00695-CR Monica Ann AVILA, Appellant v. The STATE of TexasAppellee The STATE of Texas, Appellee From the 226th Judicial District Court, Bexar County, Texas Trial Court No. 2007CR11313A Honorable Sid L. Harle, Judge Presiding Opinion by: Catherine Stone, Chief Justice Sitting: Catherine Stone, Chief Justice Sandee Bryan Marion, Justice Patricia O. Alvarez, Justice Delivered and Filed: September 11, 2013 AFFIRMED Monica Ann Avila pled true to violating the conditions of her community supervision. The trial court revoked her community supervision and sentenced her to six years’ imprisonment. Avila’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. Avila was provided with a copy of the brief and informed of her right to review the record and file her own brief. See Nichols v. State, 954 S.W.2d 83, 85-86 (Tex. App.—San 04-12-00695-CR Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—San Antonio 1996, no pet.). Avila did not file a pro se brief. After reviewing the record and counsel’s brief, we conclude 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, 954 S.W.2d at 86; Bruns, 924 S.W.2d at 177 n.1. No substitute counsel will be appointed. Should Avila wish to seek further review of this case by the Texas Court of Criminal Appeals, Avila must either retain an attorney to file a petition for discretionary review or Avila 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 Catherine Stone, Chief Justice DO NOT PUBLISH -2-