Norberto Soto v. The State of Texas--Appeal from 175th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-03-00100-CR
Noriberto SOTO,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court of Bexar County, Texas
Trial Court No. 2002-CR-4465
Honorable Mary Roman, Judge Presiding

Per Curiam

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Karen Angelini, Justice

Delivered and Filed: September 3, 2003

MOTION TO WITHDRAW GRANTED; AFFIRMED

Appellant Noriberto Soto pled guilty to possession of a controlled substance and, pursuant to a plea bargain, was sentenced to eight years' confinement and a fine of $1000. Soto now appeals. His court-appointed appellate attorney filed a motion to withdraw and a brief in which counsel concludes this appeal is frivolous and without merit.

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 Soto 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 if he wished. Soto has not done so.

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

Per Curium

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