Mario A. Perez v. State

• Court: Court of Appeals of Texas
• Decided: October 7, 1998
• Docket: 04-98-00248-CR
• Status: Published

Opinion

No. 04-98-00248-CR

Mario PEREZ, Appellant

v.

The STATE of Texas, Appellee

From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 92-CR-7674 Honorable Peter Michael Curry, Judge Presiding

PER CURIAM

Sitting: Alma L. López, Justice

Paul W. Green, Justice

Sarah B. Duncan, Justice

Delivered and Filed: October 7, 1998

MOTION TO WITHDRAW GRANTED; AFFIRMED

Mario Perez pled guilty to robbery and was sentenced, pursuant to a plea bargain, to seven years incarceration, probated for ten years. The trial court later granted the State's motion to revoke Perez's probation, which Perez appealed. Perez's court-appointed attorney on appeal filed a brief in which he raises no arguable points of error and concludes this appeal is frivolous and without merit. Perez's attorney 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). Additionally, Perez was provided with a copy of the brief and motion to withdraw and was further informed of his right to review the record⁽¹⁾ and file his own brief if he wished. Perez has not done so.

We 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 Perez's counsel. See Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.--San Antonio 1996, no pet.)

DO NOT PUBLISH

1. ¹Counsel provided Perez with a copy of the reporter's record. See Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.--San Antonio 1996, no pet.) (requiring counsel to detail the procedure for acquiring the record).

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