in the Matter of J.P.

• Court: Court of Appeals of Texas
• Decided: November 21, 2001
• Docket: 04-01-00173-CV
• Status: Published

Opinion

No. 04-01-00173-CV

IN THE MATTER OF J. P.

Appellant

From the 386th Judicial District Court, Bexar County, Texas

Trial Court No. 1999-JUV-02264

Honorable Laura Parker, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice
Paul W. Green, Justice
Karen Angelini, Justice

Delivered and Filed: November 21, 2001

MOTION TO WITHDRAW GRANTED; AFFIRMED

Pursuant to a plea agreement, J.P. was sentenced to twenty-six months probation for delinquent conduct based on possession of cocaine and was remanded to the custody of the Bexar County Juvenile Probation Department. The State subsequently moved to modify the disposition, alleging J.P. violated the conditions of his probation by theft and associating with gang members. J.P. pleaded not-true and a non-jury trial was held. Following the trial, the trial court modified the disposition and remanded J.P. to the custody of the Texas Youth Commission. J.P.'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 J.P. and his guardian were provided with a copy of the brief and motion to withdraw and were further informed of J.P.'s right to review the record ⁽¹⁾ 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.). J.P. 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 J.P.'s counsel. See Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.-San Antonio 1996, no pet.).

DO NOT PUBLISH

1.

It would be helpful in the future if counsel also detailed the procedure for obtaining the record. See Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.-San Antonio 1996, no pet.).