Rickey Johnson v. State of Texas--Appeal from 144th Judicial District Court of Bexar County

No. 04-00-00675-CR

Rickey JOHNSON,

Appellant

v.

The STATE of Texas,

Appellee

From the 144th Judicial District Court, Bexar County, Texas

Trial Court No. 1999-CR-4843C

Honorable Mark R. Luitjen, Judge Presiding

Opinion by: Tom Rickhoff, Justice

Sitting: Tom Rickhoff, Justice

Catherine Stone, Justice

Sarah B. Duncan, Justice

Delivered and Filed: July 25, 2001

AFFIRMED

Rickey Johnson pled nolo contendre to the felony offense of theft, and, pursuant to a plea bargain, the court sentenced him to thirteen years confinement and a $1,000 fine. Appellant timely filed a notice of appeal that complied with Texas Rule of Appellate Procedure 25.2(b)(3).

Appellant'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).

Appellant was informed of his right to review the record. Counsel provided appellant with a copy of the brief and advised him of his right to file a pro se brief. Appellant's pro se brief was due April 13, 2001; he has not filed a brief.

After reviewing the record, we agree that the appeal is frivolous and without merit. The judgment of the trial court is affirmed. Furthermore, we GRANT the 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.).

Tom Rickhoff, Justice

DO NOT PUBLISH