Richard Garza, Sr. v. State of Texas--Appeal from 25th Judicial District Court of Guadalupe County

No. 04-00-00474-CR
Richard GARZA,
Appellant
v.
The STATE of Texas,
Appellee
From the 25th Judicial District Court, Guadalupe County, Texas
Trial Court No. 00-0493-CR
Honorable Dwight E. Peschel, Judge Presiding

Opinion by: Catherine Stone, Justice

Sitting: Catherine Stone, Justice
Sarah B. Duncan, Justice
Karen Angelini, Justice

Delivered and Filed: November 21, 2001

AFFIRMED

Appellant Richard Garza pled not guilty to aggravated assault. A jury found him guilty, found he had used a deadly weapon, and assessed his punishment at fifty years in prison and a $10,000 fine.

Garza'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 Garza 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.). Although Garza obtained a copy of the record and requested several extentions of time in which to file a pro se brief, he has not filed a pro se brief.

We have reviewed the record and counsel's brief. We agree the appeal is frivolous and without merit. The judgment of the trial court is affirmed. Attorney Veryl E. Brown'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DO NOT PUBLISH