John Anthony Tanner v. The State of Texas--Appeal from 187th Judicial District Court of Bexar County

No. 04-00-00268-CR

John Anthony TANNER,

Appellant

v.

The STATE of Texas,

Appellee

From the 187th Judicial District Court, Bexar County, Texas

Trial Court No. 99-CR-5698

Honorable Raymond Angelini, Judge Presiding

Opinion by: Tom Rickhoff, Justice

Sitting: Tom Rickhoff, Justice

Catherine Stone, Justice

Sarah B. Duncan, Justice

Delivered and Filed: February 7, 2001

AFFIRMED

Appellant, John Anthony Tanner pled guilty to assault. Pursuant to a plea bargain, the court sentenced him to nine months confinement and assessed a $1,000 fine.

Appellant'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).

Appellant was informed of his right to review the record. Counsel provided appellant with a copy of the brief and advised him of his right to file a pro se brief. Appellant filed a motion for extension of time within which to file his brief, which this Court granted. The brief was due October 30, 2001. Appellant has not filed a brief.

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 the motion to withdraw. 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.).

Tom Rickhoff, Justice

DO NOT PUBLISH