John Carlos Coutino v. State of Texas--Appeal from 175th Judicial District Court of Bexar County

No. 04-00-00805-CR
John Carlos Coutino,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 1998-CR-1034W
Honorable Mary Roman, Judge Presiding

Opinion by: Catherine Stone, Justice

Sitting: Alma L. L pez, Justice

Catherine Stone, Justice

Karen Angelini, Justice

Delivered and Filed: September 19, 2001

AFFIRMED

John Carlos Coutino entered a plea of guilty to possession of less than a gram of cocaine. Coutino was fully admonished in writing. See Crawford v. State, 890 S.W.2d 941, 944-45 (Tex. App.--San Antonio 1994, no pet.) (prima facie showing that guilty plea was knowing and voluntary established when record reflects that trial court appropriately admonished a defendant); see also Tex. Code Crim. Proc. Ann. art. 26.13(a) (Vernon Supp. 2001) (setting forth requisite admonishments). Coutino was sentenced in accordance with his plea bargain agreement to three years community supervision and a $1000 fine. See Tex. R. App. P. 25.2(b)(3) (limiting issues that may be raised on appeal if punishment does not exceed recommendation); see also Martinez v. State, 5 S.W.3d 722, 725 (Tex. App.--San Antonio 1999, no pet.) (allowing jurisdictional issues to be raised).

On October 30, 2000, after a hearing on the State's Motion to Revoke Community Supervision, the trial court revoked appellant's community supervision and sentenced him to two years in State Jail and a $1000 fine.

Coutino's court-appointed attorney filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), in which he concludes the appeal has no merit. In an order dated March 19, 2001, this court informed Coutino of his right to file a pro se 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.). Coutino has not filed a pro se brief.

We have reviewed the record and counsel's brief. We agree that the appeal is frivolous and without merit. The judgment of the trial court is affirmed. Attorney David Cuellar's motion to withdraw is granted. Nichols v. State, 954 S.W.2d at 86; Bruns v. State, 924 S.W.2d at 177 n.1.

Catherine Stone, Justice

DO NOT PUBLISH