Eugene Martinez Lopez v. The State of Texas--Appeal from 227th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-02-00774-CR
Eugene Martinez LOPEZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2002CR3080
Honorable Philip A. Kazen, Jr., Judge Presiding

Opinion by: Karen Angelini, Justice

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Karen Angelini, Justice

Delivered and Filed: September 3, 2003

AFFIRMED

Eugene Martinez Lopez pled nolo contendere to committing the offense of aggravated assault and was sentenced to twelve years imprisonment and fined $1,000.00 in accordance with the terms of his plea-bargain agreement. Lopez filed a timely notice of appeal. His court-appointed appellate attorney filed a brief, stating that there are no arguable points of error and that this appeal is frivolous and without merit. Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). Counsel states that appellant was provided with a copy of the brief and motion to withdraw and was further informed of his right to review the record and file his own brief. Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.--San Antonio 1996, no pet.). Lopez 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. Furthermore, we GRANT the motion to withdraw. Nichols v. State, 954 S.W.2d 83, 85-86 (Tex. App.--San Antonio 1997, no pet.); Bruns 924 S.W.2d at 177 n.1.

Karen Angelini, Justice

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