Alonso (Alonzo) Roberto Alvarado v. The State of Texas--Appeal from 226th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-02-00775-CR
Alonso Roberto ALVARADO,
Appellant
v.
The STATE of Texas,
Appellee
From the 226th Judicial District Court, Bexar County, Texas
Trial Court No. 2000-CR-5745
Honorable Sid L. Harle, Judge Presiding

Opinion by: Paul W. Green, Justice

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Sarah B. Duncan, Justice

Delivered and Filed: April 28, 2004

MOTION TO WITHDRAW GRANTED; AFFIRMED

Appellant Alonso Roberto Alvarado pled guilty to possession of a controlled substance in the amount of more than 4 grams but less than 200 grams and, pursuant to a plea bargain, was sentenced to six years of deferred adjudication and a fine of $1000. Following several violations of the terms of his deferred adjudication, including the possession of a controlled substance, theft of a vehicle, burglary of a vehicle, and possession of dangerous drugs, the State filed a motion to enter adjudication and to revoke Alvarado's community supervision. The trial court granted the motion, sentencing Alvarado to 7 years' imprisonment. Alvarado 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 Alvarado 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. Alvarado 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 Alvarado'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.).

Paul W. Green, Justice

Do Not Publish