Robert Arzola v. The State of Texas--Appeal from 144th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-02-00468-CR

Robert ARZOLA,

Appellant

v.

The STATE of Texas,

Appellee

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

Trial Court No. 1998CR3271

Honorable Mark R. Luitjen, Judge Presiding

Opinion by: Karen Angelini, Justice

Sitting: Sarah B. Duncan, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: February 12, 2003

AFFIRMED

Robert Arzola pled guilty to the offense of aggravated assault and was sentenced to ten years deferred adjudication community supervision in accordance with the terms of his plea-bargain agreement. The State filed a motion to adjudicate guilt, alleging that Arzola had violated various conditions of his community supervision. Arzola pled true to violating three conditions of his community supervision. The trial court granted the State s motion, adjudicated Arzola guilty, and sentenced him to fifteen years imprisonment. Arzola filed a general notice of appeal.

Arzola s court-appointed appellate attorney filed a brief in which he raises no arguable points of error and concludes that this appeal is frivolous and without merit. Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). Counsel states that appellant was provided with a copy of the brief and motion to withdraw and was further informed of his right to review the record and file his own brief. Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App. San Antonio 1996, no pet.). Arzola filed a pro se brief; however, it does not raise any arguable grounds for appeal.

Article 42.12, section 5(b) provides that in a case involving a deferred adjudication no appeal may be taken from the trial court s decision to proceed to an adjudication of guilt. Tex. Code Crim. Proc. Ann. art. 42.12, 5(b) (Vernon Supp. 2002); see Connolly v. State, 983 S.W.2d 738, 741 (Tex. Crim. App. 1999). 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. Furthermore, we GRANT the motion to withdraw. Nichols v. State, 954 S.W.2d 83, 85-86 (Tex. App. San Antonio 1997, no pet.); Bruns 924 S.W.2d at 177, n.1.

Karen Angelini, Justice

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