Adam Andres v. The State of Texas--Appeal from 227th Judicial District Court of Bexar County

No. 04-99-00881-CR
Andres ADAME,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 98-CR-4775
Honorable Philip A. Kazen, Jr., Judge Presiding

Opinion by: Sarah B. Duncan, Justice

Sitting: Phil Hardberger, Chief Justice

Tom Rickhoff, Justice

Sarah B. Duncan, Justice

Delivered and Filed: October 18, 2000

MOTION TO WITHDRAW GRANTED; AFFIRMED

Andres Adame pled no contest to knowingly and intentionally causing serious bodily injury to a child. Pursuant to a plea bargain agreement, the trial court made an affirmative finding of a deadly weapon, sentenced Adame to twenty years imprisonment and a one thousand dollar fine, and ordered he pay restitution. Adame appeals.

Adame's court-appointed appellate attorney filed a motion to withdraw and a brief in which he raises no arguable points of error and concludes 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 Adame was provided a copy of the brief and motion to withdraw and was further informed of his right to review the record and file his own brief. Adame has not done so.

We have reviewed the record and counsel's brief and agree the appeal is frivolous and without merit. We therefore affirm the trial court's judgment and grant the motion to withdraw filed by Adame's counsel. See Nichols v. State, 954 S.W.2d 83 (Tex. App.--San Antonio 1997, no pet.).

Sarah B. Duncan, Justice

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