David Castillo v. State

• Court: Court of Appeals of Texas
• Decided: July 23, 2003
• Docket: 04-02-00736-CR
• Status: Published

Opinion

MEMORANDUM OPINION No. 04-02-00736-CR David CASTILLO, Appellant v. The STATE of Texas, Appellee From the 338th Judicial District Court, Harris County, Texas Trial Court No. 910095 Honorable Brock Thomas, Judge Presiding

Opinion by: Sarah B. Duncan, Justice

Sitting: Catherine Stone, Justice

Sarah B. Duncan, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: July 23, 2003

MOTION TO WITHDRAW GRANTED; AFFIRMED

David Castillo pled guilty to aggravated robbery with a deadly weapon without an agreed recommendation of punishment. After a hearing, the trial court accepted the plea, found Castillo guilty, and sentenced him to twelve years incarceration in the Texas Department of Criminal Justice - Institutional Division. Castillo appealed.

Castillo's court-appointed appellate attorney filed a motion to withdraw and a brief in which she raises no arguable points of error and concludes this appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967), High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978), and Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). Counsel states Castillo was provided a copy of the brief and motion to withdraw and was further informed of his right to review the record and file his own brief. Castillo has not done so.

We have reviewed the record and counsel's brief and agree the appeal is frivolous and without merit. We therefore affirm the trial court's judgment and grant the motion to withdraw filed by Castillo's counsel. See Nichols v. State, 954 S.W.2d 83, 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.).

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