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

MEMORANDUM OPINION
No. 04-03-00227-CR
Daniel BERKOWITZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2002-CR-0222
Honorable Mary Rom n, Judge Presiding

Opinion by: Sarah B. Duncan, Justice

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Sarah B. Duncan, Justice

Delivered and Filed: September 22, 2004

AFFIRMED; MOTION TO WITHDRAW GRANTED

Daniel Berkowitz pleaded nolo contendere to possessing a controlled substance. Pursuant to a plea bargain agreement, the trial court found Berkowitz guilty, suspended the imposition of sentence, and placed him on community supervision for four years. The State later filed a motion to revoke, alleging Berkowitz violated the conditions of his community supervision. At a hearing on the motion, Berkowitz pleaded true to several of the alleged violations. The trial court revoked Berkowitz's community supervision, imposed a $1,000.00 fine, and sentenced Berkowitz to four years imprisonment in the Texas Department of Criminal Justice - Institutional Division. Berkowitz appeals.

Berkowitz's court-appointed appellate attorney filed a motion to withdraw and a brief in which he 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). Berkowitz has not filed a pro se brief.

We have reviewed the record and counsel's brief and agree the appeal is frivolous and without merit. See Cole v. State, 578 S.W.2d 127, 128 (Tex. Crim. App. [Panel Op.] 1979) (holding that plea of true to violation of a condition of probation is alone sufficient to support revocation and imposition of sentence); Brooks v. State, 995 S.W.2d 762, 763 (Tex. App.-San Antonio 1999, no pet.) (same). We therefore affirm the trial court's judgment and grant the motion to withdraw filed by Berkowitz's counsel. See Nichols v. State, 954 S.W.2d 83, 86 (Tex. App.-San Antonio 1997, no pet.).

Sarah B. Duncan, Justice

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