Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-16-00035-CR

John Gabriel SANCHEZ,

Appellant

v.

The STATE of Texas,

Appellee

From the 186th Judicial District Court, Bexar County, Texas

Trial Court No. 2013CR10432

Honorable Jefferson Moore, Judge Presiding

Opinion by: Luz Elena D. Chapa, Justice

Sitting: Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice

Jason Pulliam, Justice

Delivered and Filed: October 5, 2016

MOTION TO WITHDRAW GRANTED; AFFIRMED

John Gabriel Sanchez pled no contest to a charge of evading arrest or detention in a vehicle 

and true to an enhancement allegation as part of a plea agreement with the State. Pursuant to the 

agreement, the trial court found Sanchez guilty, fined him $1,500, and sentenced him to ten years 

in prison. The court suspended the sentence of confinement and placed Sanchez on community 

supervision for a period of ten years. The State later filed a motion to revoke Sanchez’s community 

supervision, alleging he violated various conditions of his community supervision. Sanchez pled 

true to each of the allegations. After a hearing, the trial court found the allegations in the motion 
04-16-00035-CR

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to revoke to be true, revoked Sanchez’s community supervision, and imposed a sentence of seven 

years in prison. Sanchez timely appealed.

Sanchez’s court-appointed appellate attorney filed a motion to withdraw and a brief in 

which he 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 sent copies of the 

brief and the motion to withdraw to Sanchez and informed him of his rights in compliance with 

the requirements of Kelly v. State, 436 S.W.3d 313 (2014). This court provided Sanchez with a 

copy of the appellate record and set a deadline for Sanchez to file a pro se brief. No pro se brief 

was filed. 

After reviewing the record and counsel’s brief, we find no reversible error and agree with 

counsel this 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 Sanchez’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 Sanchez 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 comply with the requirements of rule 68.4 of the 

Texas Rules of Appellate Procedure and be filed with the clerk of the Court of Criminal Appeals. See id. R. 68.3, 68.4.