Julian Cuevas v. The State of Texas--Appeal from 226th Judicial District Court of Bexar County

No. 04-00-00024-CR
Julian CUEVAS,
Appellant
v.
STATE of Texas,
Appellee
From the 226th Judicial District Court, Bexar County, Texas
Trial Court No. 99-CR-0379
Honorable Sid L. Harle, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Paul W. Green, Justice

Karen Angelini, Justice

Delivered and Filed: January 24, 2001

MOTION TO WITHDRAW GRANTED; AFFIRMED

The jury found Julian Cuevas guilty of possession of a controlled substance, heroin, in an amount of one gram or more but less than four grams. Cuevas pled true to the two enhancement paragraphs of the indictment. The trial court sentenced him to thirty years confinement. Cuevas's court-appointed attorney on appeal filed a brief in which counsel 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 Cuevas 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. Cuevas 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 Cuevas'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DO NOT PUBLISH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.).