Wilbur Charles Tyler v. State

• Court: Court of Appeals of Texas
• Decided: November 3, 2004
• Docket: 04-03-00762-CR
• Status: Published

Opinion

MEMORANDUM OPINION No. 04-03-00762-CR Wilbur Charles TYLER, Appellant v. The STATE of Texas, Appellee From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2001-CR-0260 Honorable Philip Kazen, Jr., Judge Presiding

Opinion by: Catherine Stone, Justice

Sitting: Alma L. López, Chief Justice

Catherine Stone, Justice

Sarah B. Duncan, Justice

Delivered and Filed: November 3, 2004

AFFIRMED

Wilbur Tyler pleaded guilty to sexual assault and was placed on five years deferred adjudication probation. On September 8, 2003, the trial court revoked Tyler's deferred adjudication probation and assessed punishment at twelve years confinement.

Tyler'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).

A copy of counsel's brief was delivered to Tyler, who was advised of his right to examine the record and to file a pro se brief. No pro se brief has been filed. After reviewing the record, we agree that the appeal is frivolous and without merit. The judgment of the trial court is therefore 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.).

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