Ruben Esquivel v. State of Texas--Appeal from 175th Judicial District Court of Bexar County

No. 04-01-00229-CR

Ruben ESQUIVEL,

Appellant

v.

The STATE of Texas,

Appellee

From the 175th Judicial District Court, Bexar County, Texas

Trial Court No. 1992-CR-1723

Honorable Mary Roman, Judge Presiding

Opinion by: Tom Rickhoff, Justice

Sitting: Phil Hardberger, Chief Justice

Tom Rickhoff, Justice

Paul W. Green, Justice

Delivered and Filed: December 12, 2001

AFFIRMED

In August 1983, Ruben Esquivel pled guilty to burglary of a habitation. Pursuant to a plea bargain, the court sentenced him to eight years' confinement, probated. In March 2001, appellant's probation was revoked, and appellant was sentenced to eight years' confinement.

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 September 12, 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DO NOT PUBLISH