in the Matter of B.C.

• Court: Court of Appeals of Texas
• Decided: December 19, 2001
• Docket: 04-00-00858-CV
• Status: Published

Opinion

No. 04-00-00858-CV

IN THE MATTER OF B.C.

Appellant

From the 289th Judicial District Court, Bexar County, Texas

Trial Court No. 2000-JUV-02328

Honorable Carmen Kelsey, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Tom Rickhoff, Justice

Paul W. Green, Justice

Delivered and Filed: December 19, 2001

MOTION TO WITHDRAW GRANTED; AFFIRMED

Pursuant to a plea agreement, B.C. was sentenced to three years probation for delinquent conduct based on indecency with a child and was remanded to the custody of his parents under the supervision of the Bexar County Juvenile Probation Department. B.C.'s court-appointed attorney on appeal filed a brief in which counsel concludes this appeal is frivolous and without merit. Counsel also filed a motion to withdraw.

Counsel's 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). Specifically, counsel states B.C. and his guardians were provided with a copy of the brief and motion to withdraw and were further informed of B.C.'s right to review the record and file his own brief if he wished. In re D.A.S., 973 S.W.2d 296, 299 (Tex. 1998); In re A.L.H., 974 S.W.2d 359, 360-61 (Tex. App.-San Antonio 1998, no pet.). B.C. has not done so.

We reviewed the record and counsel's brief and agree the appeal is frivolous and without merit. The judgment of the trial court is affirmed. Furthermore, we grant the motion to withdraw filed by B.C.'s counsel. See Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.-San Antonio 1996, no pet.).

DO NOT PUBLISH