Cleo Brothers v. State

• Court: Court of Appeals of Texas
• Decided: January 7, 2004
• Docket: 04-03-00315-CR
• Status: Published

Opinion

MEMORANDUM OPINION

No. 04-03-00315-CR Cleo Denise BROTHERS, Appellant v. The STATE of Texas, Appellee From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 1999-CR-3627 Honorable Mary Román, Judge Presiding

Opinion by: Phylis J. Speedlin, Justice

Sitting: Catherine Stone, Justice

Sarah B. Duncan, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: January 7, 2004

AFFIRMED

Cleo Denise Brothers ("Brothers") was found guilty of theft under $1500 enhanced to a state jail felony because of two prior convictions. She received a two-year sentence which was probated for four years. Subsequently, Brothers pled true to violating a condition of her community supervision in response to the State's motion to revoke community supervision. The trial court granted the State's motion. Brothers filed a general notice of appeal. Brother's court-appointed attorney filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), in which he concluded that the appeal has no merit. Counsel provided Brothers with a copy of the brief and informed her of her right to review the record and file her own brief. See Nichols v. State, 954 S.W.2d 83, 85-86 (Tex. App.--San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.--San Antonio 1996, no pet.). Brothers did not file a pro se brief.

We have reviewed the record and counsel's brief. We agree that the appeal is frivolous and without merit. The judgment of the trial court is affirmed. Appellate counsel's motion to withdraw as Brothers's attorney of record is granted. Nichols, 954 S.W.2d at 86; Bruns, 924 S.W.2d at 177 n.1.

DO NOT PUBLISH