Maria Teresa Martinez v. State

• Court: Court of Appeals of Texas
• Decided: January 5, 2005
• Docket: 04-04-00440-CR
• Status: Published

Opinion

MEMORANDUM OPINION

No. 04-04-00440-CR

Maria Teresa MARTINEZ,

Appellant

v.

The STATE of Texas,

Appellee

From the 144th Judicial District Court, Bexar County, Texas

Trial Court No. 1998-CR-6133

Honorable Mark R. Luitjen, Judge Presiding

Opinion by: Sandee Bryan Marion, Justice

Sitting: Alma L. López, Chief Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: January 5, 2005

AFFIRMED

Defendant, Maria Teresa Martinez, pled guilty to possession of a controlled substance, pursuant to a plea bargain. Defendant was placed on community supervision for ten years. Later, defendant's probation was revoked and punishment was assessed at ten years' confinement and a $1,000 fine. The trial court certified defendant's right to appeal, and defendant filed a general notice of appeal.

Defendant's court-appointed appellate attorney filed a brief containing a professional evaluation of the record and demonstrating that there are no arguable grounds to be advanced. Counsel concludes that the appeal is without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967).

Defendant was informed of her right to review the record. Counsel provided defendant with a copy of the brief and advised her of her right to file a pro se brief. Defendant has not filed a brief.

After reviewing the record, 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. Nichols v. State, 954 S.W.2d 83, 86 (Tex. App.--San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.--San Antonio 1996, no pet.).

DO NOT PUBLISH