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

MEMORANDUM OPINION

No. 04-03-00645-CR

Brandon ROBERTS,

Appellant

v.

The STATE of Texas,

Appellee

From the 175th Judicial District Court, Bexar County, Texas

Trial Court No. 2000-CR-1651

Honorable Mary Rom n, Judge Presiding

Opinion by: Sandee Bryan Marion, Justice

Sitting: Alma L. L pez, Chief Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: April 7, 2004

AFFIRMED

Defendant, Brandon Roberts, pled no contest to burglary of a habitation with intent to commit assault, pursuant to a plea bargain. Defendant was placed on eight years' community supervision. Later, defendant's community supervision was revoked, a judgment of burglary of a habitation with intent to commit assault was entered, and punishment was assessed at eight years' confinement. Defendant filed a general notice of appeal.

Defendant's court-appointed appellate attorney filed a brief containing a professional evaluation of the record and demonstrating that there are no arguable grounds to be advanced. Counsel concludes that the appeal is without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967).

Defendant was informed of his right to review the record. Counsel provided defendant with a copy of the brief and advised him of his right to file a pro se brief. Defendant has not filed a brief.

After reviewing the record, we agree that the appeal is frivolous and without merit. The judgment of the trial court is affirmed. Furthermore, we grant counsel's motion to withdraw. 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.).

Sandee Bryan Marion, Justice

DO NOT PUBLISH