Jose Gallardo Galvan v. State of Texas--Appeal from 144th Judicial District Court of Bexar County

No. 04-01-00028-CR
Jose Gallardo GALVAN,
Appellant
v.
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 1998-CR-6553A
Honorable Mark R. Luitjen, Judge Presiding

Opinion by: Catherine Stone, Justice

Sitting: Alma L pez, Justice

Catherine Stone, Justice

Karen Angelini, Justice

Delivered and Filed: September 19, 2001

AFFIRMED

Jose Gallardo Galvan entered a plea of nolo contendre to the offense of aggravated robbery. Galvan was fully admonished in writing. See Crawford v. State, 890 S.W.2d 941, 944-45 (Tex. App.--San Antonio 1994, no pet.) (prima facie showing that guilty plea was knowing and voluntary established when record reflects that trial court appropriately admonished a defendant); see also Tex. Code Crim. Proc. Ann. art. 26.13(a) (Vernon Supp. 2001) (setting forth requisite admonishments). Galvan's plea bargain agreement called for two years community supervision and was silent regarding deferred adjudication. Galvan was sentenced to two years deferred adjudication. See Tex. R. App. P. 25.2(b)(3) (limiting issues that may be raised on appeal if punishment does not exceed recommendation); see also Martinez v. State, 5 S.W.3d 722, 725 (Tex. App.--San Antonio 1999, no pet.) (allowing jurisdictional issues to be raised).

On November 30, 2000, after a hearing on the State's Second Amended Motion to Enter Adjudication of Guilt and Revoke Community Supervision, the trial court revoked Galvan's community supervision and sentenced him to seven years in prison.

Galvan's court-appointed attorney filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), in which he concludes the appeal has no merit. Counsel provided Galvan 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.). Galvan has not filed a pro se brief.

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. Attorney Jeff Williams'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.

Catherine Stone, Justice

DO NOT PUBLISH