Gabriel Arce Ramon v. The State of Texas--Appeal from 25th Judicial District Court of Guadalupe County

No. 04-97-00665-CR
Gabriel Arce RAMON,
Appellant
v.
The STATE of Texas,
Appellee
From the 25th Judicial District Court, Guadalupe County, Texas
Trial Court No. 94-0724-CR
Honorable Dwight E. Peschel, Judge Presiding

PER CURIAM

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

Gabriel Ramon pled guilty to attempted burglary and received deferred adjudication, pursuant to a plea bargain. The trial court later granted the State's motion to adjudicate and sentenced Ramon to ten years confinement. Ramon's court-appointed attorney on appeal filed a brief in which counsel raises no arguable points of error and concludes this appeal is frivolous and without merit. Ramon'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). Specifically, counsel states Ramon 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. Ramon 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 Ramon's counsel. See Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.--San Antonio 1996, no pet.)

PER CURIAM

DO NOT PUBLISH

1. 1Counsel told Ramon how to obtain a copy of the 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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