Timothy Tijerina v. The State of Texas--Appeal from 81st Judicial District Court of Atascosa County

MEMORANDUM OPINION
No. 04-06-00526-CR
Timothy TIJERINA,
Appellant
v.
The STATE of Texas,
Appellee
From the 81st Judicial District Court, Atascosa County, Texas
Trial Court No. 05-08-0187-CRA
Honorable Donna S. Rayes, Judge Presiding

Opinion by: Steven C. Hilbig, Justice

 

Sitting: Karen Angelini, Justice

Sandee Bryan Marion, Justice

Steven C. Hilbig, Justice

 

Delivered and Filed: August 1, 2007

 

MOTION TO WITHDRAW GRANTED; AFFIRMED

Timothy Tijerina entered an open plea of guilt to intoxication manslaughter and pled true to an enhancement allegation in the indictment. The trial court found Tijerina guilty, made an affirmative finding of a deadly weapon, and sentenced Tijerina to forty years in the Texas Department of Criminal Justice - Institutional Division. Tijerina appealed.

 

Tijerina's court-appointed appellate attorney filed a motion to withdraw and a brief in which she raises no arguable points of error and concludes this appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (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). Tijerina was provided 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. Tijerina has filed a pro se brief in which he raises points he contends are arguable.

After reviewing the record, counsel's brief, and Tijerina's brief, we find no reversible error and agree with counsel the appeal is wholly frivolous. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We therefore grant the motion to withdraw filed by Tijerina's counsel and affirm the trial court's judgment. See id.; 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.).

 

Steven C. Hilbig, Justice

 

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