Paul R. McLeods (McLeod) v. The State of Texas--Appeal from 144th Judicial District Court of Bexar County

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MEMORANDUM OPINION
No. 04-03-00573-CR
Paul R. MCLEODS,
Appellant
v.
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2002-CR-5668-W
Honorable Mark R. Luitjen, Judge Presiding

Opinion by: Karen Angelini, Justice

Sitting: Alma L. L pez, Chief Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: March 3, 2004

AFFIRMED

Appellant Paul R. McLeods was charged with driving while intoxicated. On November 14, 2003, McLeods pled nolo contendere to the offense and was found guilty. In accordance with the terms of the plea-bargain agreement, the trial court sentenced McLeods to five years imprisonment, suspended the sentence, and placed McLeods on community supervision for a period of five years. On February 28, 2003, the State filed a motion to revoke McLeods's community supervision. On March 6, 2003, the State filed a first amended motion to revoke, alleging that McLeods violated Condition No. 1 by driving while intoxicated on February 23, 2003 in Comal County. On June 6, 2003, the trial court heard the State's motion to revoke. McLeods pled true to having violated Condition No. 1 by driving while intoxicated on February 23, 2003 in Comal County. The trial court revoked McLeods's community supervision and sentenced him to five years imprisonment. McLeods timely filed a notice of appeal.

McLeods's court-appointed appellate attorney has filed a brief in which she states that there are 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.). McLeods did not file a pro se brief.

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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