Juan Junior Acebedo v. The State of Texas--Appeal from 175th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-02-00456-CR
Juan ACEBEDO,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2002-CR-0436
Honorable Mary Rom n, Judge Presiding

Opinion by: Sarah B. Duncan, Justice

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Sarah B. Duncan, Justice

Delivered and Filed: June 11, 2003

MOTION TO WITHDRAW GRANTED; AFFIRMED

A jury found Juan Acebedo guilty of robbery. After Acebedo pled true to allegations of being a habitual offender, the trial court sentenced him to twenty-five years in the Texas Department of Criminal Justice - Institutional Division. On appeal, Acebedo's court-appointed appellate attorney filed a motion to withdraw and a brief in which she 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 certifies she provided Acebedo with a copy of the brief and motion to withdraw. Acebedo was informed of his right to review the record and file a brief, but he did not file a pro se brief.

We have reviewed the record and counsel's brief and agree the appeal is frivolous and without merit. We therefore grant the motion to withdraw and affirm the trial court's judgment. 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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