Leonardo Peters v. The State of Texas--Appeal from 290th Judicial District Court of Bexar County

99-00678 Peters v State of Texas.wpd No. 04-99-00678-CR
Leonardo PETERS,
Appellant
v.
The STATE of Texas,
Appellee
From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 97CR2381A
Honorable C. W. Duncan, Judge Presiding

Opinion by: Phil Hardberger, Chief Justice

Sitting: Phil Hardberger, Chief Justice

Tom Rickhoff, Justice

Sarah B. Duncan, Justice

Delivered and Filed: September 6, 2000

AFFIRMED

Leonardo Peters ("Peters") pled no contest to sexual assault pursuant to a plea bargain agreement. The trial court sentenced Peters to two years imprisonment in accordance with the terms of the plea bargain agreement. Peters's court-appointed attorney filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), in which he concludes that the appeal has no merit. Counsel provided Peters with a copy of the brief and informed him of his right to review the record and file his own brief. See Nichols v. State, 954 S.W.2d 83, 85-86 (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.). This court also notified Peters of his right to file his own brief.

We have reviewed the record and counsel's brief. (1) We agree that the appeal is frivolous and without merit. The judgment of the trial court is affirmed.

PHIL HARDBERGER,

CHIEF JUSTICE

DO NOT PUBLISH

1. Appellant's attorney is reminded of his duty to file a motion to withdraw when filing an Anders brief. See Nichols v. State, 954 S.W.2d at 85-86.