Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-19-00319-CR
Shy Angelo CASARES,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2017CR1070
Honorable Kevin M. O’Connell, Judge Presiding
Opinion by: Beth Watkins, Justice
Sitting: Rebeca C. Martinez, Justice
Irene Rios, Justice
Beth Watkins, Justice
Delivered and Filed: May 6, 2020
MOTION TO WITHDRAW GRANTED; AFFIRMED
Appellant Shy Angelo Casares entered a plea of nolo contendere to aggravated assault with
a deadly weapon. The trial court deferred a finding of guilt, placed him on community supervision
for five years, and assessed a fine of $1500. The State later moved to revoke his community
supervision on two grounds.
At a hearing on the motion to revoke, Casares pled “true” to violating two conditions of
his community supervision. The trial court then revoked his community supervision, adjudicated
him guilty, sentenced him to two years’ confinement, and assessed a fine of $1500.
04-19-00319-CR
Casares’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 the
appeal has no merit. Counsel provided Casares 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.). Casares did not file a pro se brief.
After reviewing the record and counsel’s brief, we agree 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 Casares 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 he 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 id. R. 68.3. Any
petition for discretionary review should comply with the requirements of Rule 68.4 of the Texas
Rules of Appellate Procedure. See id. R. 68.4.
Beth Watkins, Justice
Do Not Publish
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