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RECEIVED IN COURT OF CRIMINAL APPEALS 

### OCT 19 2015 

### Abe! Acosta, ClerkTEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-14-00494-CR NO. 03-14-00495-CR
Isaac Benavidez, Appellant

The State ofTexas, Appellee
FROM THE DISTRICT COURT OF BASTROP COUNTY, 21ST JUDICIAL DISTRICT NOS. 15,265 & 15,266 HONORABLE CHRISTOPHER DARROW DUGGAN, JUDGE PRESIDING

MEMORANDUM OPINION In January 2014, appellant Isaac Benavidezpled guilty to four counts of intentional serious bodilyinjury to a childandreceived tenyears'deferred adjudicationprobation. SeeTex.Penal Code § 22.04; Tex. Code Crim Proc. art. 42.12, § 3g. In May 2014, upon finding that appellant had violatedcertaintermsof his probation, the trialcourtrevokedappellant's deferredadjudication and sentenced him to sixty years' imprisonment on the first count and ten years' imprisonment on each of the remaining three counts, to run concurrently. SeeTex. Code Crim. Proc. art. 42.12, §23. Appellant's court-appointed attorney has filed a brief concluding that the appeal is frivolous and without merit. Counsel's briefmeets the requirements ofAnders v. California by 

### presenting a professional evaluation of the record and demonstrating thatthere are no arguable grounds to be advanced. See 386U.S. 738, 744-45 (1967); Garner v. State, 300S.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 he providedappellant with copies of the brief and accompanying motions to withdraw; advised appellant of his 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. SeeKelly v. State, 436 S.W.3d 313, 319-21 (Tex. Crim. App. 2014); see also Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766. Although appellant requested and 

### received the appellate record and additional time to file a pro se brief, that time has run and no pro se briefhas 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 withcounsel that the appeal is frivolous and without merit. We grant counsel's motion to withdraw and affirm the judgment ofconviction.1

1 No substitute counsel will be appointed. Should appellant wishto seekfurther review of 

### his case bythe Texas Court ofCriminal Appeals, hemust either retain anattorney to file apetition fordiscretionary review orfile aprosepetition for discretionary review. Seegenerally Tex. R. App. P. 68-79 (governing proceedings in Court of Criminal Appeals). Any petition for discretionary reviewmustbe filedwithinthirtydaysfromthe dateof eitherthis opinionor the datethat this Court 

### overrules thelasttimely motion for rehearing filed. Seeid. R. 68.2. Thepetition must be filed with the clerk of the Court ofCriminal Appeals. Id. R. 68.3(a). If thepetition is mistakenly filed with this Court, it will be forwarded to the CourtofCriminal Appeals. Id. R. 68.3(b). Anypetitionfor 

### discretionary review should complywith the rules ofappellate procedure. See id. R. 68.4. Once this Court receives notice that apetition has been filed, the filings inthis case cause will be forwarded to the Court ofCriminal Appeals. See id. R. 68.7.David Puryear, Justice Before Justices Puryear, Pemberton, and Bourland Affirmed Filed: July 14, 2015 Do Not Publish