Billy G. Ivey v. The State of Texas--Appeal from 364th District Court of Lubbock County

State: Texas

Court: Texas Northern District Court

Docket No: 07-08-00079-CR

Case Date: 11/17/2008

Plaintiff: Sears, Maria and Thomas Priestly

Defendant: Nueces County Sheriff Larry Olivarez, et al.--Appeal from 214th District Court of Nueces County

Preview:Joel Martinez v. The State of Texas--Appeal from 144th
Judicial District Court of Bexar County
99-00720 Martinez v State of Texas.wpd No. 04-99-00720-CR
Joel MARTINEZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No.1994-CR-6935
Honorable Mark Luitjen, Judge Presiding
Opinion by: Alma L. L pez, Justice
Sitting: Phil Hardberger, Chief Justice
Alma L. L pez, Justice
Paul W. Green, Justice
Delivered and Filed: June 14, 2000
AFFIRMED
This case is an appeal from the revocation of probation. The appellant, Joel Martinez, pled guilty to committing the
offense of felony DWI, pursuant to a plea agreement in which the State recommended probation and agreed to a
sentence of five years. Martinez was sentenced in accordance with the agreement and placed on probation. The State
subsequently filed a motion to revoke Martinez's probation. At a hearing on the motion to revoke, Martinez pled "true"
to violating the conditions of his probation by failing to report. The trial judge accepted Martinez's plea, revoked his
probation and reformed his sentence to four years.
Martinez filed a pro se notice of appeal and the trial court appointed an attorney to represent him. The attorney studied
the record and determined that no meritorious issues existed for an appeal. The attorney then prepared an Anders brief
stating that he had reviewed the record and concluded that the record contained no arguable points of error. See
Anders v. State, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). The attorney advised
Martinez of the results of his review, provided Martinez with a copy of his brief, advised Martinez of his right to file a
pro se brief, and asked to withdraw from representation. See Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.-San
Antonio 1996, no pet.). Martinez did not file his own brief.
We have reviewed the record and the brief. We agree with Martinez's attorney that an appeal is frivolous and without
merit. We affirm the judgment of the trial court and grant appellate counsel's motion to withdraw.
Alma L. L pez, Justice
DO NOT PUBLISH
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