Willie E. Taplin v. The State of Texas--Appeal from 175th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-02-00268-CRWillie Earl TAPLIN,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2001-CR-5183
Mary Rom n, Judge Presiding

Opinion by: Catherine Stone, Justice

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Paul W. Green, Justice

Delivered and Filed: January 15, 2003

AFFIRMED

Willie Earl Taplin pleaded guilty to aggravated assault with a deadly weapon and the trial court sentenced him to 15 years imprisonment and fined him $1,000. We affirm the trial court's judgment.

Taplin'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. (1) The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967).

A copy of counsel's brief was delivered to Taplin, who was advised of his right to examine the record and to file a pro se brief. No pro se brief has been filed. After reviewing the record, we agree that the appeal is frivolous and without merit. The order of the trial court is affirmed. Furthermore, we GRANT counsel's 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.).

Catherine Stone, Justice

Do Not Publish

1. Taplin's appellate counsel also notes that because Taplin filed a general notice of appeal in a case where the punishment assessed by the trial court did not exceed the punishment agreed to by the appellant, we lack jurisdiction over this appeal pursuant to former Texas Rule of Appellate Procedure 25.2(b)(3). However, in light of the Court of Criminal Appeals's recent decision in Bayless v. State, No. 56-01, 2002 WL 31838802, *1 n. 2 (Tex. Crim. App. Dec. 18, 2002), we have jurisdiction to consider this appeal.