### T E X A S C O U R T O F A P P E A L S , T H I R D D I S T R I C T , A T A U S T I N

NO. 03-15-00232- CR

Alicia Nichole P ere z, Appellant

v. The State of Texas, App ellee

F ROM TH E DISTRI CT COURT O F CO MAL CO UNTY, 207 TH JUDICI AL DISTRICT NO. CR2012 -60 3, H ONO RAB LE R. B RUCE B OY ER, JUDGE P RESIDING

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 g rams, a third-deg ree felony , and sentenc ed to f our y ear s in pr ison. See Tex.
Hea lth & Safe ty

Code § 481.115(c) ; Tex. P enal Code § 12.34. Appellant’s court-a

ppointed attorney has filed a motion to withdraw supported by a b r ie f c o n c lu d in g th a

t th e a p p e a l is f r iv o lo u s a n d w it h o u t me r it

. Co u

n s e l’ s b r ie f me e ts th e r e q

u ir e me n ts
of Anders v. Calif

ornia by prese nting a p ro fe s s i onal evalua tion of the rec ord and demonstrating
that there are no arg uable g rounds to be advanc ed. See Anders v. Calif ornia , 386 U.S. 738, 744-45 (1967); Garner v. State , 300 S.W .3d 763, 766 (Tex. Crim. App. 2 0 0 9 ); see also Penson v. Ohio , 488 U.S. 75, 80-82 (1988). Appellant’s counsel h as re p re s en t ed to the Court that she provided copies of the motion and brief to a ppellant; advised appellant of her rig ht to examine the appellate

rec ord, file a pro se brief, and pursue discretionar y revie w following the resolution of the appea l in
this Court; and provided appell an t with a form motion for pro se acc ess to the appellate rec ordalong with the maili ng addre ss of this Court. See Kelly v. State , 436 S.W .3d 313, 319-21 (Tex.

Crim. App. 2014). Appellant has not r equeste d and rec eived the appellate rec ord, nor has a pro se brief be en filed.

We have independe ntly revie wed the rec ord and have fou n d n o t h ing that might

arg uably support the appea l. See Anders , 386 U.S. at 744; Garner , 3 0 0 S.W .3d at 766; Bledsoe
v. State , 178 S.W .3d 824, 826-27 (Te x
. Crim. App. 2005). We ag ree with counsel that the a ppeal
is frivolous and without merit. We g rant counsel’s motion to withdraw and aff irm the judgme nt
of convic tion. 1

__________________________________________ David Pury ear , J ustice
Be fore J ustices Pury ear , Goodwin, and F ield
Affir med Filed: January

21, 2016
Do Not Publish

No substitut e counsel will be appointed. Should appe llant wish to seek further revie w of 1 her case by the Texas Court of Criminal Appea ls, she must either reta in an attorney to file a petition for discretionar

y revie w or file a pro se petition for discretionar y revie w. See generally Tex. R. App. P. 68-79 (g overning proce eding s in Court of Criminal Appea ls). Any petition for discretionar y revie w must be filed within thirty day s from the date of either this opinion or the date that this Court overr ules the last timely motion for rehe aring filed. See id. R. 68.2. The petition must be filed with the clerk of t he C ourt of C riminal Appea ls. Id. R. 68.3(a). I f the pe tition is mistakenly filed wit h this Court, it will be forwa rded to the Court of Criminal Appe als. Id. R. 68.3(b). Any petition for discretionar

y revie w should comply with the rules of appellate proce dure. See id. R. 68.4. Once this Court rec eives notice that a petition has bee n filed, the filing s in this case ca use will be for

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