James Thomas Peck v. The State of Texas--Appeal from 226th Judicial District Court of Bexar County

No. 04-97-00475-CR
James Thomas PECK,
Appellant
v.
The STATE of Texas,
Appellee
From the 226th Judicial District Court, Bexar County, Texas
Trial Court No. 94-CR-1794
Honorable Henry Schuble, Judge Presiding

Opinion by: Sarah B. Duncan, Justice

Sitting: Alma L. L pez, Justice

Paul W. Green, Justice

Sarah B. Duncan, Justice

Delivered and Filed: October 7, 1998

MOTION TO WITHDRAW GRANTED; AFFIRMED

On August 19, 1994, pursuant to a plea bargain agreement, the trial court granted appellant James Thomas Peck deferred adjudication and placed him on community supervision for a period of four years for the offense of unauthorized use of a vehicle valued between $750.00 and $20,000.00. On May 21, 1997, Peck pled true to one allegation in the State's fourth amended motion to enter adjudication of guilt and revoke probation. The court adjudicated Peck guilty and sentenced him to a period of one year in the Bexar County Adult Detention Center. Peck perfected this appeal.

Peck's court-appointed appellate attorney filed a brief in which he raises no arguable points of error and concludes that this appeal is frivolous and without merit. The 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). Counsel states Peck 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. Peck has not done so.

We have 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 Peck's counsel. See Nichols v. State, 954 S.W.2d 83 (Tex. App.--San Antonio 1997, pet. ref'd); Bruns, 924 S.W.2d at 177 n.1.

Sarah B. Duncan, Justice

DO NOT PUBLISH

1. 1Counsel also detailed the procedure for obtaining the record. See Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.--San Antonio 1996, no pet.).

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