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

No. 04-97-00777-CR
David ALMAGUER,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 97-CR-2667
Honorable Mary Rom n, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Justice

Catherine Stone, Justice

Paul W. Green, Justice

Delivered and Filed: November 25, 1998

MOTION TO WITHDRAW GRANTED; AFFIRMED

The jury found David Almaguer guilty of aggravated sexual assault and sentenced him to ten years imprisonment. Almaguer's court-appointed attorney on appeal filed a brief in which counsel raises no arguable points of error and concludes this appeal is frivolous and without merit. Counsel also filed a motion to withdraw.

Counsel's 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). Specifically, counsel states Almaguer was provided with a copy of the brief and motion to withdraw, and was further informed of his right to review the record(1) and file his own brief if he wished. Almaguer has not done so.

We reviewed the record and counsel's brief and agree the appeal is frivolous and without merit. The judgment of the trial court is affirmed. Furthermore, we grant the motion to withdraw filed by Almaguer's counsel. See Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.--San Antonio 1996, no pet.).

PER CURIAM

DO NOT PUBLISH

1. 1Counsel also detailed the procedure for obtaining the record. See Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.--San Antonio 1996, no pet.).

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