Curtis Roberts v. State

• Court: Court of Appeals of Texas
• Decided: April 12, 2000
• Docket: 04-99-00106-CR
• Status: Published

Opinion

No. 04-99-00106-CR Curtis ROBERTS, Appellant v. The STATE of Texas, Appellee From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 96-CR-0547 Honorable Sharon MacRae, Judge Presiding

Opinion by: Tom Rickhoff, Justice

Sitting: Tom Rickhoff, Justice

Alma L. López, Justice

Sarah B. Duncan, Justice

Delivered and Filed: April 12, 2000

AFFIRMED

Curtis Roberts pled nolo contendere to aggravated assault with a deadly weapon and was placed on deferred adjudication probation for six years pursuant to a plea bargain. The trial court subsequently granted the State's motion to adjudicate guilt and sentenced him to six years in prison.

Roberts's court-appointed attorney has filed a brief containing a professional evaluation of the record and demonstrating that there are no arguable grounds to be advanced. Counsel concludes that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 744-45 (1967).

Appellant has been informed of his right to review the record. Counsel provided Roberts with a copy of the brief and advised him of his right to file a pro se brief. Roberts has filed a brief in which he argues that his plea of true at the adjudication hearing was involuntary. We do not have jurisdiction over this issue. See Tex. Code Crim. Proc. Ann. art. 42.12, § 5(b) (Vernon Supp. 2000); Connolly v. State, 983 S.W.2d 738, 741 (Tex. Crim. App. 1999).

After reviewing the briefs and the record, we agree that the appeal is frivolous and without merit. The judgment of the trial court is affirmed, and counsel's motion to withdraw is granted.

Tom Rickhoff, Justice

DO NOT PUBLISH