Kinnard E. Williams v. State

• Court: Court of Appeals of Texas
• Decided: April 12, 2000
• Docket: 04-99-00405-CR
• Status: Published

Opinion

No. 04-99-00405-CR Kinnard E. WILLIAMS, Appellant v. The STATE of Texas, Appellee From the 226th Judicial District Court, Bexar County, Texas Trial Court No. 98-CR-4771 Honorable Sid Harle, Judge Presiding

Opinion by: Catherine Stone, Justice

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Karen Angelini, Justice

Delivered and Filed: April 12, 2000

AFFIRMED

Kinnard Williams was convicted upon his plea of nolo contendere of aggravated assault with a deadly weapon, a second degree felony. He also pled true to repeater allegations, which enhanced

his conviction to a first degree felony. The trial court imposed a sentence of eight years confinement in the Texas Department of Criminal Justice - Institutional Division, a sentence within the terms of a plea agreement.

Williams' attorney filed a brief in which she concluded that the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967), by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. Counsel mailed a copy of the brief to Williams and advised him of his right to proceed as a pro se in his appeal. See Nichols v. State, 954 S.W.2d 83, 85 (Tex. App.--San Antonio 1997, no pet.). Williams has not filed a brief in this case.

We have reviewed the record and counsel's brief. We agree that the appeal is frivolous and without merit. The judgment of the trial court is affirmed. Furthermore, we grant counsel's motion to withdraw. See id. at 86.

Catherine Stone, Justice

DO NOT PUBLISH