Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-15-00755-CR
Juan Carlos PALOMARES,
Appellant
v.
The STATE of Texas,
Appellee
From the 406th Judicial District Court, Webb County, Texas
Trial Court No. 2015CRS000530 D4
Honorable Oscar J. Hale, Jr., Judge Presiding
Opinion by: Luz Elena D. Chapa, Justice
Sitting: Sandee Bryan Marion, Chief Justice
Rebeca C. Martinez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: November 23, 2016
MOTION TO WITHDRAW GRANTED; AFFIRMED
Juan Carlos Palomares was found guilty by a jury of continuous sexual abuse of a child,
and Palomares was sentenced to fifty years in prison. He appeals the judgment.
Palomares’s court-appointed appellate attorney filed a motion to withdraw and a brief in
which he concludes this appeal is frivolous and without merit. See Anders v. California, 386 U.S.
738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). Counsel sent copies of the
brief and motion to withdraw to Palomares and informed him of his rights in compliance with the
requirements of Kelly v. State, 436 S.W.3d 313 (2014). The trial court clerk provided Palomares a
04-15-00755-CR
copy of the appellate record, and this court then set a deadline for him to file a pro se brief. No pro
se brief was filed.
We have thoroughly reviewed the record and counsel’s brief. We find no arguably harmful
error that is reversible on direct appeal and we 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 Palomares’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.). 1
Luz Elena D. Chapa, Justice
Do not publish
1
No substitute counsel will be appointed. Should Palomares 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 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.
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