MEMORANDUM OPINION
Nos. 04-12-00096-CR & 04-12–00097-CR
Zachary Paul FRANKLIN,
Appellant
v.
The STATE of Texas,
Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court Nos. 2009-CR-6185 & 2009-CR-10769W
Honorable Juanita A. Vasquez-Gardner, Judge Presiding
Opinion by: Steven C. Hilbig, Justice
Sitting: Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Delivered and Filed: October 24, 2012
MOTION TO WITHDRAW GRANTED; AFFIRMED
Zachary Paul Franklin appeals the trial court’s judgments adjudicating him guilty in two
separate causes. In trial court cause number 2009-CR-6185, Franklin was charged with
possession of more than one gram, but less than four grams, of a penalty group 1 controlled
substance. In cause number 2009-CR-10769W, Franklin was charged with possession with
intent to deliver less than twenty-eight grams of a penalty group 3/4 controlled substance.
Franklin pled no contest to both charges in exchange for the State’s recommendation that
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adjudication be deferred. On October 21, 2009, the trial court deferred adjudication and placed
Franklin on community supervision for a period of four years in each cause. The State later filed
a motion to adjudicate guilt, alleging Franklin violated various conditions of his community
supervision. In each case, Franklin pled true to violating condition number five, which required
him to report to his supervision officer. The trial court adjudicated Franklin guilty and sentenced
him to two years confinement and a fine of $1,500 in 2009-CR-6185 and to nine months
confinement and a fine of $1,200 in 2009-CR-10769W, with the sentences of confinement
running concurrently. Franklin appealed both judgments and this court consolidated the appeals.
Franklin’s court-appointed appellate attorney filed a motion to withdraw and a brief in
which he raises no arguable points of error and concludes the appeals are frivolous and without
merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967), High v.
State, 573 S.W.2d 807 (Tex. Crim. App. 1978), and Gainous v. State, 436 S.W.2d 137 (Tex.
Crim. App. 1969). Counsel states Franklin was provided a copy of the brief and motion to
withdraw and was further informed of his right to review the record and file his own brief.
Franklin has not done so.
After reviewing the records and counsel’s brief, we find no reversible error and agree
with counsel the appeals are wholly frivolous. See Bledsoe v. State, 178 S.W.3d 824, 826-27
(Tex. Crim. App. 2005). We therefore grant the motion to withdraw filed by Franklin’s counsel
and affirm the trial court’s judgments. See id.; Nichols v. State, 954 S.W.2d 83, 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.).
No substitute counsel will be appointed. Should Franklin wish to seek further review of
this case by the Texas Court of Criminal Appeals, he must either retain an attorney to file a
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04-12-00096-CR & 04-12-00097-CR
petition for discretionary review or file a pro se petition for discretionary review. Any petition
for discretionary review must be filed within thirty days after either this opinion is rendered or
the last timely motion for rehearing or motion for en banc reconsideration is overruled by this
court. See TEX. R. APP. P. 68.2. Any petition for discretionary review must be filed with the
clerk of the Court of Criminal Appeals. See id. R. 68.3. Any petition for discretionary review
must comply with the requirements of rule 68.4 of the Texas Rules of Appellate Procedure. See
id. R. 68.4.
Steven C. Hilbig, Justice
DO NOT PUBLISH
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