TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-15-00232-CR

Alicia Nichole Perez, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF COMAL COUNTY, 207TH JUDICIAL DISTRICT

NO. CR2012-603, HONORABLE R. BRUCE BOYER, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Appellant Alicia Nichole Perez was convicted by a jury of possession of a controlled

substance under four grams, a third-degree felony, and sentenced to four years in prison. See Tex.

Health & Safety Code § 481.115(c); Tex. Penal Code § 12.34.

Appellant’s court-appointed attorney has filed a motion to withdraw supported by a

brief concluding that the appeal isfrivolous and without merit. Counsel’s briefmeetsthe requirements

of Anders v. California by presenting a professional evaluation of the record and demonstrating

that there are no arguable grounds to be advanced. See Anders v. California, 386 U.S. 738, 744-45

(1967); Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); see also Penson v. Ohio,

488 U.S. 75, 80-82 (1988). Appellant’s counsel has represented to the Court that she provided

copies of the motion and brief to appellant; advised appellant of her right to examine the appellate

record, file a pro se brief, and pursue discretionary review following the resolution of the appeal in

this Court; and provided appellant with a form motion for pro se access to the appellate record
along with the mailing address of this Court. See Kelly v. State, 436 S.W.3d 313, 319-21 (Tex.

Crim. App. 2014). Appellant has not requested and received the appellate record, nor has a pro se

brief been filed.

We have independently reviewed the record and have found nothing that might

arguably support the appeal. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766; Bledsoe

v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We agree with counsel that the appeal

is frivolous and without merit. We grant counsel’s motion to withdraw and affirm the judgment

of conviction.1

__________________________________________

David Puryear, Justice

Before Justices Puryear, Goodwin, and Field

Affirmed

Filed: January 21, 2016

Do Not Publish

No substitute counsel will be appointed. Should appellant wish to seek further review of 1

her case by the Texas Court of Criminal Appeals, she must either retain an attorney to file a petition

for discretionary review or file a pro se petition for discretionary review. See generally Tex. R. App.

P. 68-79 (governing proceedings in Court of Criminal Appeals). Any petition for discretionary

review must be filed within thirty days from the date of either this opinion or the date that this Court

overrules the last timely motion for rehearing filed. See id. R. 68.2. The petition must be filed with

the clerk of the Court of Criminal Appeals. Id. R. 68.3(a). If the petition is mistakenly filed with

this Court, it will be forwarded to the Court of Criminal Appeals. Id. R. 68.3(b). Any petition for

discretionary review should complywith the rules of appellate procedure. See id. R. 68.4. Once this

Court receives notice that a petition has been filed, the filings in this case cause will be forwarded

to the Court of Criminal Appeals. See id. R. 68.7.

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