Cathy Robinson v. The State of Texas--Appeal from 290th Judicial District Court of Bexar County

No. 04-99-00675-CR

Cathy ROBINSON,
Appellant
v.
The STATE of Texas,
Appellee
From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 97-CR-4849
Honorable Sharon MacRae, Judge Presiding

Opinion by: Sarah B. Duncan, Justice

Sitting: Phil Hardberger, Chief Justice

Tom Rickhoff, Justice

Sarah B. Duncan, Justice

Delivered and Filed: October 18, 2000

MOTION TO WITHDRAW GRANTED; AFFIRMED

Cathy Robinson pled guilty to possession of between one and four grams of cocaine. Pursuant to a plea bargain agreement, the trial court sentenced Robinson to eight years imprisonment, suspended the sentence, and placed her on community supervision for eight years. The State later filed a motion to revoke, alleging Robinson violated the conditions of her community supervision by using a controlled substance. Robinson plead true to the allegation. The court revoked Robinson's community supervision, but reduced the sentence to five years. Robinson appeals.

Robinson's court-appointed appellate attorney filed a motion to withdraw and a brief in which he raises no arguable points of error and concludes 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); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). Counsel states Robinson was provided a copy of the brief and motion to withdraw and was further informed of her right to review the record. The court advised Robinson of her right to file a pro se brief. She has not done so; however, Robinson filed a motion stating she has been granted parole and requesting expedited issuance of the opinion, judgment, and mandate.

We have reviewed the record and counsel's brief and agree the appeal is frivolous and without merit. We therefore affirm the trial court's judgment and grant the motion to withdraw filed by Robinson's counsel. See Nichols v. State, 954 S.W.2d 83 (Tex. App.--San Antonio 1997, no pet.). We also grant Robinson's pro se motion to expedite issuance of the mandate. See Tex. R. App. P. 18.1(c).

Sarah B. Duncan, Justice

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