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

MEMORANDUM OPINION

No. 04-06-00467-CR

Ricardo BLANCO,

Appellant

v.

The STATE of Texas,

Appellee

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

Trial Court No. 1997CR4571

Honorable Mary D. Roman, Judge Presiding

Opinion by: Karen Angelini, Justice

Sitting: Catherine Stone, Justice

Karen Angelini, Justice

Steve C. Hilbig, Justice

Delivered and Filed: February 7, 2007

AFFIRMED

In 1998, Ricardo Blanco pled nolo contendere to the offense of sexual assault of a child and received deferred adjudication community supervision for a term of ten years in accordance with his plea-bargain agreement. On June 7, 2006, the State moved to adjudicate guilt and revoke his community supervision. At the hearing on the State's motion, Blanco pled "true" to violating Condition No. 5 of his community supervision. The trial court then found that Blanco had violated the terms of his community supervision, adjudicated him guilty, revoked his community supervision, and sentenced him to two years in the Texas Department of Criminal Justice, Institutional Division, and a fine of $2,000.00. Blanco then filed a notice of appeal.

Blanco's court-appointed appellate attorney has filed a brief in which he raises two arguable points of error, but nonetheless concludes that this appeal is frivolous and without merit. See Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). Counsel states that Blanco 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. See Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.--San Antonio 1996, no pet.). Blanco did not file a pro se brief.

We have reviewed the record and counsel's brief. We agree that the appeal is frivolous and without merit. The judgment of the trial court is affirmed. Furthermore, we GRANT the motion to withdraw. See Nichols v. State, 954 S.W.2d 83, 85-86 (Tex. App.--San Antonio 1997, no pet.);Bruns 924 S.W.2d at 177 n.1.

Karen Angelini, Justice

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