Derek Edward Battle v. The State of Texas--Appeal from 226th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-02-00448-CR

Derek Edward BATTLE,

Appellant

v.

The STATE of Texas,

Appellee

From the 226th Judicial District Court, Bexar County, Texas

Trial Court No. 2001-CR-5108

Honorable Sid Harle, Judge Presiding

Opinion by: Sandee Bryan Marion, Justice

Sitting: Catherine Stone, Justice

Sarah B. Duncan, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: May 7, 2003

AFFIRMED

The trial court convicted appellant, Derek Edward Battle, of aggravated delivery of cocaine, and assessed punishment at ten years' confinement.

Appellant's court-appointed appellate attorney filed a brief containing arguable issues on the trial court's jurisdiction, challenges to a defective indictment, sufficiency of the evidence, and ineffective assistance of counsel. After discussing each issue, counsel asserts the issues have been either waived on appeal or present no error. Counsel concludes this appeal is frivolous and without merit. See Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978).

Counsel's brief meets the requirements of Anders and counsel provided appellant with a copy of the brief and advised him of his right to review the record and file a pro se brief. Appellant filed a brief alleging some, but not all, of the same issues raised in counsel's brief. We have reviewed the record, counsel's brief, and appellant's pro se 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, 86 (Tex. App.--San Antonio 1997, no pet.); Bruns 924 S.W.2d at 177, n.1.

Sandee Bryan Marion, Justice

DO NOT PUBLISH