Alberto Saenz Vasquez v. The State of Texas--Appeal from 399th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-02-00717-CR
Alberto Saenz VASQUEZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2001-CR-6582
Honorable Fred Shannon, Judge Presiding

Opinion by: Phylis J. Speedlin, Justice

Sitting: Alma L. L pez, Chief Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: September 3, 2003

AFFIRMED

Alberto Saenz Vasquez ("Vasquez") pled guilty to the offense of possession of a controlled substance measuring more than one gram but less than four grams as a repeat offender. Pursuant to a plea bargain agreement, the State recommended that the trial court assess punishment at eight years confinement and a $1,000 fine. The trial court found Vasquez guilty and sentenced him to eight years confinement in the Texas Department of Criminal Justice - Institutional Division on September 16, 2002. Vasquez'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. Appellate counsel has provided Vasquez 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.). Vasquez 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. Therefore, we affirm the judgment of the trial court. Appellate counsel's motion to withdraw is granted. Nichols, 954 S.W.2d at 86; Bruns, 924 S.W.2d at 177 n.1.

Phylis J. Speedlin, Justice

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