Juan Manuel Benavides v. State

• Court: Court of Appeals of Texas
• Decided: January 26, 2000
• Docket: 04-98-00973-CR
• Status: Published

Opinion

No. 04-98-00973-CR Juan Manuel BENAVIDES, Appellant v. The STATE of Texas, Appellee From the 226th Judicial District Court, Bexar County, Texas Trial Court No. 98-CR-2618 Honorable Sid L. Harle, Judge Presiding

Opinion by: Alma L. López, Justice

Sitting: Tom Rickhoff, Justice

Alma L. López, Justice

Paul W. Green, Justice

Delivered and Filed: January 26, 2000

AFFIRMED

On September 25, 1998, Juan Manuel Benavides pleaded guilty and judicially confessed to an indictment charging him with committing aggravated assault with a deadly weapon on February 24, 1998. Benavides entered his guilty plea pursuant to a plea agreement in which the State opposed probation and agreed to a 30 year cap on punishment. The trial court accepted Benavides's plea, adjudicated him guilty, and sentenced Benavides to 20 years in prison.

Benavides's court-appointed attorney has filed a brief in which he asserts that the record in this case does not contain non-frivolous issues for appeal, and concludes that the appeal is frivolous and without merit. See Anders v. California, 386 U.S. 738, 744 (1967); High v. State, 573 S.W.2d 807, 810 (Tex. Crim. App. 1978). The attorney has accordingly requested permission to withdraw from the case. The attorney has also provided Benavides with a copy of the brief submitted to this court and informed Benavides of his right to proceed pro se in this appeal. See Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.--San Antonio 1996, no pet.). Benavides has not filed his own brief.

After reviewing the record and the brief in this cause, we agree with the attorney that Benavides's appeal is frivolous and without merit. Benavides entered into a plea agreement with the State and the trial court sentenced him within the limits of the plea agreement. The record indicates that Benavides entered his plea voluntarily and that he received effective assistance of counsel. As a result, we affirm the judgment of the trial court. We further grant the attorney's motion to withdraw. See Nichols v. State, 954 S.W.2d 83, 86 (Tex. App.--San Antonio 1997, no pet.).

DO NOT PUBLISH