Jesse Torres v. The State of Texas--Appeal from 227th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-06-00445-CR

Jesse TORRES,

Appellant

v.

The STATE of Texas ,

Appellee

From the 227th Judicial District Court, Bexar County, Texas

Trial Court No. 2004-CR-5472

Honorable Philip Kazen, Jr. , Judge Presiding

Opinion by: Catherine Stone , Justice

Sitting: Catherine Stone , Justice

Karen Angelini , Justice

Steven C. Hilbig , Justice

Delivered and Filed: January 19, 2007

AFFIRMED

Jesse Torres pleaded nolo contendere to a charge of assault of a family member, enhanced by a previous conviction for assault of a family member. Torres was placed on five years deferred adjudication probation for the offense. The State subsequently filed a motion to revoke Torres's probation and proceed to final adjudication, alleging that Torres had violated the terms of his probation. After a hearing on the State's motion, the trial court adjudicated Torres guilty and sentenced him to ten years imprisonment and fined him $500. We affirm.

Torres'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).

A copy of counsel's brief was delivered to Torres, who was advised of his right to examine the record and to file a pro se brief. No pro se brief has been filed. After reviewing the record, we agree that the appeal is frivolous and without merit. The judgment of the trial court is therefore 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.).

Catherine Stone , Justice

Do Not Publish