## NO. 12

- 1 2

- 00 389

- C R

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

MICHAEL LEE MITCHELL, II , § APPEAL FROM THE 1 59 TH APPELLANT

V. § JUDICIAL DISTRICT COURT

THE STATE OF TEXAS, APPELLEE § ANGELINA COUNTY, TEXAS

MEMORANDUM OPINION PER CURIAM

Michael Lee Mitchell, II appeals his conviction for driving while intoxicated, third offense
or more, for which he was sentenced to imprisonment for twelve years. 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 driving while intoxicated, third offense or more.
The indictment further alleged that Appellant had been previously convicted of intoxication
assault. Appellant pleaded “guilty” as charged and “true” to the enhancement allegation in the
indictment. The matter proceeded to a bench trial on punishment. Ultimately, the trial court
found Appellant “guilty” as charged, found the enhancement paragraph to be “true,” and assessed
his punishment at imprisonment for twelve years. This appeal followed

.2 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 states that he has diligently reviewed the appellate record and is of the
opinion that the record reflects no reversible error and that there is no error upon which an appeal
can be predicated. He furt her relates that he is well acquainted with the facts in this case. In
compliance with Anders

, Gainous

, and High v. State

, 573 S.W.2d 807 (Tex. Crim. App. [Panel
Op.] 1978), Appellant’s brief presents a chronological summation of the procedural history of the
case and further states that Appellant’s counsel is unable to raise any arguable issues for appeal. 1

We have likewise reviewed the record for reversible error and have found none.

C ONCLUSION As required by Stafford v. State

, 813 S.W.2d 503 (Tex. Cri m. 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 carried the motion for consideration with the merits.
Having done so and finding no reversible error, Appellant’s counsel’s motion for leave to
withdraw is hereby granted and the trial court’s judgment is affirmed

. As a result of our disposition of this case, Appellant’s counsel has a duty to, within five
days of the date of this opinion, send a co py 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 this case 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 petition for discretionary re view pro se. Any
petition for discretionary review must be filed within thirty days from the date of either this
opinion or the last timely motion for rehearing that was overruled by this court. See T EX

. R. A PP

. P. 68.2. Any petition for discretionary r eview must be filed 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 Texas Rule of Appellate Procedure 68.4. See In re Schulman , 252 S.W.3d at

1 Counsel for Appellant set forth in his motion to withdraw 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.3

408 n.22.

O pinion delivered July 31 , 2013. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

( DO NOT PUBLISH)4 

### COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

JULY 31 , 201 3

NO. 12

- 12

- 00 389

- CR

MICHAEL LEE MITCHELL, II ,

Appellant

V.

THE STATE OF TEXAS , Appellee

Appeal from the 1 59 th Judicial District Court

of Angelina County, Texas. (Tr.Ct.No. 2011

- 0593 )

TH I S CAUSE came to be heard on the appellate record and briefs filed herein, an d the same being considered, it is the opinion of this court that there w as no error in the judgment. It is therefore ORDERED, ADJUDGED and DECREED that Appellant ’ s counsel ’s motion to withdraw is granted

, the judgment of the court below be in all things

a ffirmed , and that this decision be certified to the court below for observance.

By per curiam opinion. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.