## NO. 12

- 15

- 00056

- CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

JOSE ALBERT AGUILAR, APPELLANT

V.
THE STATE OF TEXAS, APPELLEE §

§

§ APPEA L FROM THE 241ST

JUDICIAL DISTRICT COURT

SMITH COUNTY, TEXAS

MEMORANDUM OPINION PER CURIAM Jose Albert Aguilar appeals his conviction for aggravated robbery. Appellant’s counsel filed a brief in compliance with Anders v. California , 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967), and Gainous v. State
, 436 S.W.2d 137 (Tex. Crim. App. 1969). We affirm.

B ACKGROUND Appellant was charged by indictment with aggravated robbery. Appellant pleaded “guilty” to the offense, and the matter proceeded to a bench trial on punishment. The trial court assessed Appellant’s punishment at imprisonment for twenty

- five years. This appeal followed.

A NALYSIS P URSUANT TO A NDERS V

. C ALIFORNIA Appellant’s counsel filed a brief in compliance with Anders v. California and Gainous v.
State . Appellant’s counsel relates that he has reviewed the appellate record and found no reversible error or jurisdictional defects. In compliance with High v. State , 573 S.W.2d 807, 8122

(Tex. Crim. App. [Panel Op.] 1978), counsel’s brief c ontains a thorough professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. 1 We have considered counsel’s brief and conducted our own independent review of the
record. Id. at 811. We have found no reversible er ror.

C ONCLUSION As required by Anders and Stafford v. State , 813 S.W.2d 503, 511 (Tex. Crim. App. 1991), Appellant’s counsel has moved for leave to withdraw. See also In re Schulman , 252 S.W.3d 403, 407 (Tex. Crim. App. 2008) (orig. proceeding). We carri ed the motion for consideration with the merits. Having done so, we agree with Appellant’s counsel that the appeal is wholly frivolous. Accordingly, we grant counsel’s motion for leave to withdraw and affirm the judgment of the trial court. Appellant’s co unsel has a duty to, within five days of the date of this opinion, send a copy of the opinion and judgment to Appellant and advise him of his right to file a petition for discretionary review. See T EX

. R. A PP

. P . 48.4; In re Schulman , 252 S.W.3d at 411 n. 35. Should Appellant wish to seek review of these cases by the Texas Court of Criminal Appeals, he must either retain an attorney to file a petition for discretionary review on his behalf or he must file a pro se petition for discretionary review. Any peti tion for discretionary review must be filed within thirty days from the date of this court’s judgment or the date the last timely motion for rehearing was overruled by this court. See T EX

. R. A PP

. P . 68.2(a). Any petition for discretionary
review must be f

iled with the Texas Court of Criminal Appeals. See T EX

. R. A PP

. P . 68.3(a). Any petition for discretionary review should comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure. See In re Schulman , 252 S.W.3d at 408 n.22. Opinio n delivered August 5, 2015

. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

( DO NOT PUBLISH )

1 Counsel for Appellant certified in his brief that he provided Appellant with a copy of the brief. Appellant was given time to file his own brief in this cause. The time for filing such a brief has expired and no pro se brief has been filed.

## COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

AUGUST 5 , 2015

NO. 12

- 15

- 00056

- CR

JOSE ALBERT AGUILAR,

Appellant V. THE STATE OF TEXAS, Appellee

Appeal from the 241st District Court of Smith County, Texas (Tr.Ct.No. 241

- 1353.14)

THIS CAUSE came to be heard on the appellate record and brief filed herein, and the same being considered, it is the opinion of this court t hat there was no error in the judgment. It is therefore ORDERED, ADJUDGED and DECREED that the judgment
of the court below be in all things affirmed , and that this decision be certified to the court
below for observance.

By per curiam opinion. Panel consi sted of Worthen, C.J., Hoyle, J., and Neeley, J.