Mario Yanez v. The State of Texas--Appeal from 399th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-03-00582-CR

Mario YANEZ,

Appellant

v.

The STATE of Texas,

Appellee

From the 399th Judicial District Court, Bexar County, Texas

Trial Court No. 2001-CR-5458

Honorable Juanita Vasquez-Gardner, Judge Presiding

Opinion by: Sarah B. Duncan, Justice

Sitting: Catherine Stone, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: August 24, 2005

MOTION TO WITHDRAW GRANTED; AFFIRMED

Mario Yanez was convicted of aggravated sexual assault and indecency with a child by contact, and was sentenced to ten years and five years imprisonment, respectively. On appeal, Yanez s court-appointed appellate attorney filed a motion to withdraw and a brief in which he raises no arguable points of error and concludes the 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). Yanez was provided a copy of the brief and motion to withdraw and informed of his right to review the record and file his own brief. Yanez has not filed a brief.

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 Yanez 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.).

Sarah B. Duncan, Justice

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