Mario Alberto Medellin v. The State of Texas--Appeal from 144th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-02-00420-CR
Mario Alberto MEDELLIN,
Appellant
v.
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2001-CR-7016
Honorable Mark R. Luitjen, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Paul W. Green, Justice

Delivered and Filed: January 15, 2003

MOTION TO WITHDRAW GRANTED; AFFIRMED

Mario Alberto Medellin plead nolo contendere to theft under $1500 enhanced, a state jail felony; and, pursuant to a plea bargain, the trial court sentenced him to two years confinement. Medellin's court-appointed attorney on appeal filed a brief in which counsel concludes this appeal is frivolous and without merit. (1) Counsel also filed a motion to withdraw.

Counsel's 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). Specifically, counsel states Medellin was provided with a copy of the brief and motion to withdraw and was further informed of his right to review the record (2) and file his own brief if he wished. Medellin has not done so.

We reviewed the record and counsel's brief and agree the appeal is frivolous and without merit. The judgment of the trial court is affirmed. Furthermore, we grant the motion to withdraw filed by Medellin's counsel. See Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.--San Antonio 1996, no pet.).

PER CURIAM

Do Not Publish

1. A companion case, cause no. 2001-CR-7015, was previously dismissed for lack of jurisdiction.

2. Counsel also explained the procedure for obtaining the record. See Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.--San Antonio 1996, no pet.).