Sam Martino v. State of Texas--Appeal from 175th Judicial District Court of Bexar County

No. 04-00-00619-CR
Sam MARTINO,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2000-CR-1873
Honorable Mary Rom n, Judge Presiding

Opinion by: Phil Hardberger, Chief Justice

Sitting: Phil Hardberger, Chief Justice

Catherine Stone, Justice

Paul W. Green, Justice

Delivered and Filed: June 13, 2001

DISMISSED FOR LACK OF JURISDICTION

Sam Martino ("Martino") pled guilty to aggravated assault with a deadly weapon and was sentenced in accordance with his plea bargain agreement. Martino filed a pro se general notice of appeal. Martino's court-appointed attorney filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), in which he concludes that the appeal has no merit. Counsel provided Martino 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.).

We have reviewed the record and counsel's brief. We agree that the appeal is frivolous and without merit. Because Martino filed a general notice of appeal, and no jurisdictional issues are present, we dismiss the appeal for lack of jurisdiction. See Tex. R. App. P. 25.2(b)(3); Cooper v. State, No. 1100-99, 2001 WL 321579 (Tex. Crim. App. Apr. 4, 2001), Martinez v. State, 5 S.W.3d 722, 725 (Tex. App.--San Antonio 1999, no pet.). Appellate counsel's request to withdraw is granted. Nichols v. State, 954 S.W.2d at 86; Bruns 924 S.W.2d at 177 n.1.

PHIL HARDBERGER,

CHIEF JUSTICE

DO NOT PUBLISH