in the Matter of T.H.

• Court: Court of Appeals of Texas
• Decided: March 14, 2001
• Docket: 04-00-00494-CV
• Status: Published

Opinion

No. 04-00-00494-CV In the Matter of T.H. From the 289th Judicial District Court, Bexar County, Texas Trial Court No. 97-JUV-02541-B Honorable Carmen Kelsey, Judge Presiding

Opinion by: Catherine Stone, Justice

Sitting: Phil Hardberger, Chief Justice

Tom Rickhoff, Justice

Catherine Stone, Justice

Delivered and Filed: March 14, 2001

MOTION TO WITHDRAW GRANTED; AFFIRMED

On March 23, 1998, a plea of true was entered in the non-jury determinate sentencing hearing of T.H., a fourteen-year old juvenile. The juvenile court ordered him to be committed to the custody of the Texas Youth Commission for seven (7) years, with the possible transfer to the Texas Department of Criminal Justice. An appeal was taken to this court and denied for want of jurisdiction on November 13, 1998.

On February 24, 2000, the Texas Youth Commission requested a release/transfer hearing in the juvenile court that entered the order of commitment in the determinate sentencing. On March 31, 2000, after hearing testimony and argument, the juvenile court ordered the juvenile to be transferred to the Texas Department of Criminal Justice, Institutional Division, to complete his sentence. Notice of appeal was timely filed and the court appointed an attorney to handle the appeal and to act as guardian ad litem. On October 2, 2000, T.H.'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 T.H. was provided with 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 if he wished. See 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.). T. H. has not filed a brief.

We have 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 attorney Margaret Upton. See Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.--San Antonio 1996, no pet.).

DO NOT PUBLISH