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Adolfo Garcia v. State
Citation: Not availableDocket: 13-09-00680-CR
Court: Court of Appeals of Texas; October 21, 2010; Texas; State Appellate Court
Original Court Document: View Document
Adolfo Garcia pleaded guilty to burglary of a building, a state-jail felony, on August 21, 2007. The trial court sentenced him to eighteen months' imprisonment, suspended the sentence, and placed him on three years of community supervision, along with a $1,000 fine and $236 in court costs. On March 17, 2008, the State moved to revoke his community supervision due to multiple violations, including failure to report, pay fines, pay supervision fees, and complete community service hours. Garcia admitted to these violations. The trial court accepted his pleas and revoked his community supervision, imposing an eighteen-month sentence and ordering him to pay $286.72 in court costs. Garcia's court-appointed appellate counsel filed an Anders brief, stating that a review of the record revealed no grounds for an appeal and that any potential appeal would be frivolous. The brief complied with the requirements of an Anders brief by outlining the procedural history, referencing relevant laws, and indicating that counsel had informed Garcia of his rights regarding the appeal. Garcia did not file a pro se response after being given adequate time to do so. The court conducted an independent review of the record and found no reversible error. Consequently, the court affirmed the trial court's judgment and granted the attorney's motion to withdraw from representation, acknowledging that an attorney must withdraw if they believe the appeal is without merit. An appointed attorney must file a motion to withdraw from representation, demonstrating to the appellate court that the appeal is frivolous. The court has granted the counsel's motion to withdraw. The attorney is required to send a copy of the court's opinion and judgment to Garcia within five days and inform him of his right to file a petition for discretionary review. The Texas Court of Criminal Appeals recognizes that a pro se response from an indigent appellant does not need to adhere to appellate procedure rules, but should identify issues for consideration. No substitute counsel will be appointed for Garcia; he must either retain an attorney or file a pro se petition for discretionary review within thirty days from the court's opinion or the last timely overruled motion for rehearing. The petition must be filed with the court and will be forwarded to the Texas Court of Criminal Appeals, complying with specific procedural rules.