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

MEMORANDUM OPINION

No. 04-06-00491-CR

Anthony UBALLE,

Appellant

v.

The STATE of Texas,

Appellee

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

Trial Court No. 2003-CR-3935-W

Honorable Mary Roman , Judge Presiding

Opinion by: Phylis J. Speedlin , Justice

Sitting: Alma L. L pez , Chief Justice

Phylis J. Speedlin , Justice

Rebecca Simmons, Justice

Delivered and Filed: February 21, 2007

AFFIRMED

This is an appeal from the revocation of Uballe's community supervision, and sentence of two years imprisonment plus a $1,500 fine. Uballe pled guilty to unauthorized use of a motor vehicle, and was granted deferred adjudication and placed on community supervision for a period of two years on June 3, 2003. The term of his community supervision was subsequently extended by the court to June 3, 2007. On May 24, 2006, the State filed a motion to revoke Uballe's community supervision alleging several violations of the terms of his community supervision. On July 10, 2006, the trial court revoked Uballe's deferred adjudication community supervision based on his plea of true to the following violations: failure to report to his probation officer; and use of a controlled substance. The court sentenced Uballe to two years imprisonment in the Texas Department of Criminal Justice, State Jail Division, and assessed a $1,500 fine. We affirm the judgment of the trial court.

Uballe'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 Uballe, 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 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.); see also Bruns v. State, 924 S.W.2d 176, 177 n. 1 (Tex. App.--San Antonio 1996, no pet.).

Phylis J. Speedlin , Justice

Do Not Publish