Jose Santos Cervantes v. State

• Court: Court of Appeals of Texas
• Decided: January 29, 2004
• Docket: 07-03-00181-CR
• Status: Published

Opinion

NO. 07-03-0181-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

JANUARY 29, 2004

______________________________

JOSE SANTOS CERVANTES, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

_________________________________

FROM THE 64TH DISTRICT COURT OF HALE COUNTY;

NO. A14649-0209; HONORABLE ROBERT W. KINKAID, JR., JUDGE

_______________________________

Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

MEMORANDUM OPINION

Following his conviction for theft, appellant Jose Santos Cervantes was placed on

community supervision for five years. Upon the State’s motion to revoke community

supervision for violations of the conditions thereof, the trial court (1) conducted a hearing

at which appellant plead true to the State’s allegations, (2) heard evidence, and (3) granted the State’s motion. Appellant was sentenced to two years confinement in a state jail

facility. After appellate counsel filed an Anders1 brief and a motion to withdraw indicating

there is no meritorious error to present on appeal, appellant filed a pro se motion to dismiss

his appeal.

By his pro se motion, appellant represents that he agrees with his counsel that this

appeal is frivolous and requests that it be dismissed. No decision of this Court having been

delivered to date, the motion is granted and the appeal is dismissed. See Tex. R. App. P.

42.2(a). Counsel’s motion to withdraw is also granted. No motion for rehearing will be

entertained and our mandate will issue forthwith.

Don H. Reavis Justice

Do not publish.

1 Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).