MEMORANDUM OPINION
No. 04-11-00669-CR
Billy Paul WILLIAMS,
Appellant
v.
The STATE of Texas,
Appellee
From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2002CR3792
Honorable Lori I. Valenzuela, Judge Presiding
Opinion by: Marialyn Barnard, Justice
Sitting: Catherine Stone, Chief Justice
Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Delivered and Filed: July 11, 2012
MOTION TO WITHDRAW GRANTED; AFFIRMED
Pursuant to a plea bargain agreement, appellant Billy Paul Williams pleaded nolo
contendere to intoxication assault. In accordance with the plea agreement, the trial court found
Williams guilty and sentenced him to eight years confinement. However, the trial court
suspended the sentence and placed Williams on community supervision for eight years.
The State filed a motion to revoke community supervision, alleging Williams violated
several conditions of his probation. At the hearing on the State’s motion, Williams pled true to
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the State’s claims that he: (1) committed theft in violation of condition one, and (2) failed to
report to the supervision officer in violation of condition five. The State waived its claims
regarding the additional violations originally alleged.
After hearing argument from Williams and the State, the trial court granted the State’s
motion to revoke, revoked Williams’s community supervision, and assessed a prison term of
eight years. Williams filed a pro se notice of appeal.
Williams’s court-appointed appellate attorney filed a motion to withdraw and a brief in
which he raises no arguable points of error and concludes this appeal is 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 provided proof Williams was given a copy of the brief and motion to
withdraw and was informed of his right to review the record and file his own brief. Williams has
not filed a brief.
After reviewing the record and counsel’s brief, we find no reversible error and agree with
counsel the appeal is 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 Williams’s counsel and
affirm the trial court’s judgment. 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 Williams wish to seek further review of
this case in 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 after either the day our judgment is
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rendered or the day the last timely motion for rehearing or timely 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 Texas 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.
Marialyn Barnard, Justice
DO NOT PUBLISH
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