Adam Timothy Cortez v. The State of Texas--Appeal from 175th Judicial District Court of Bexar County

No. 04-02-00152-CR
Adam Timothy CORTEZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2001-CR-3988
Honorable Mary Rom n, Judge Presiding
Memorandum Opinion

Opinion by: Sarah B. Duncan, Justice

Sitting: Alma L. L pez, Chief Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: January 15, 2003

AFFIRMED; MOTION TO WITHDRAW GRANTED

A jury found Adam Timothy Cortez guilty of felony assault and sentenced him to five years confinement in the Texas Department of Criminal Justice - Institutional Division. Cortez timely appealed.

Cortez'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 provided Cortez a copy of the brief and motion to withdraw and further informed Cortez of his right to review the record and file his own brief. Cortez 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 Cortez's counsel. See 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.)

Sarah B. Duncan, Justice

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