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

No. 04-00-00162-CR
Joe RAMOS,
Appellant
v.
The STATE of Texas,
Appellee
From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 1999-CR-5241
Honorable Bill M. White, Visiting District Judge Presiding

Opinion by: Alma L. L pez, Justice

Sitting: Alma L. L pez, Justice

Paul W. Green, Justice

Karen Angelini, Justice

Delivered and Filed: April 30, 2001

AFFIRMED

Joe Ramos pled not guilty to the offense of aggravated assault with a deadly weapon. He was tried by a jury, found guilty, and sentenced to twenty years imprisonment and a fine of $5,000.00. Ramos's court-appointed attorney filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), in which she concludes that the appeal has no merit. Counsel provided Ramos with a copy of the brief and informed him of his right to review the record and file his own brief. See Nichols v. State, 954 S.W.2d 83, 85-86 (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.).

On March 20, 2001, Ramos filed a brief in which he contests a statement in the brief filed by his attorney that he was evaluated for competency by Dr. Sparks. (1) Upon review of the record, however, we note that the evaluation was conducted by Dr. Marc Rosenthal. Dr. Sparks signed the report on behalf of Dr. Rosenthal. We see nothing in the record or in appellant's exhibits to his brief that contradicts the fact that he was duly evaluated and found competent to stand trial.

We have reviewed the record and counsel's brief. We agree that the appeal is frivolous and without merit. The judgment of the trial court is affirmed. Appellate counsel's motion to withdraw

is granted. Nichols v. State, 954 S.W.2d at 86; Bruns v. State, 924 S.W.2d at 177 n.1.

Alma L. L pez, Justice

Do Not Publish

1. He also attaches a copy of medical records which reflect that he was found disabled and eligible for SSI benefits.