Jair Ortiz (a/k/a Yeitz Ortiz) v. The State of Texas--Appeal from 379th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-02-00480-CR
Jair ORTIZ,
Appellant
v.
STATE of Texas,
Appellee
From the 379th Judicial District Court, Bexar County, Texas
Trial Court No. 2002-CR-0312-B
Honorable Bert Richardson, Judge Presiding

Opinion by: Phylis J. Speedlin, Justice

Sitting: Alma L. L pez, Chief Justice

Sarah B. Duncan, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: July 23, 2003

AFFIRMED

Jair Ortiz ("Ortiz") pled guilty to the offense of aggravated robbery as a repeat offender. Pursuant to a plea bargain, the State recommended that the trial court assess punishment between twenty to thirty years to run concurrently with Ortiz's prior Harris County parole revocation sentence. The trial court fined Ortiz $1000 and sentenced him to twenty-eight years confinement in the Texas Department of Criminal Justice, Institutional Division to run concurrently with the twenty-five year sentence from Harris County. Ortiz's court-appointed appellate 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 Ortiz 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.). Ortiz did not file 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. Appellate counsel's motion to withdraw is granted. Nichols v. State, 954 S.W.2d at 86; Bruns, 924 S.W.2d at 177 n.1.

Phylis J. Speedlin, Justice

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