In the Matter of V.H.--Appeal from 386th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-02-00809-CV

IN THE MATTER OF V.H.

From the 386th Judicial District Court, Bexar County, Texas

Trial Court No. 2002-JUV-1787

Honorable Laura Parker, Judge Presiding

Opinion by: Sandee Bryan Marion, Justice

Sitting: Alma L. L pez, Chief Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: September 3, 2003

AFFIRMED

The trial court found that defendant, V.H., engaged in the delinquent behavior of unlawfully carrying a weapon, and assessed punishment at commitment to the Texas Youth Commission.

Defendant's court-appointed appellate attorney filed a brief containing one arguable issue, but concluding that this appeal is frivolous and without merit. See Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). The arguable issue is that the evidence may be insufficient to support a finding that defendant was illegally carrying a firearm. Counsel refers to inconsistencies in the testimony of the two arresting officers as to the location of the gun inside the vehicle in which defendant was a passenger. We have reviewed the record and it supports a finding that the gun was "on or about" defendant's person and that defendant was inside the vehicle where the gun was found. See Flores v. State, 895 S.W.2d 435, 445-46 (Tex. App.--San Antonio 1995, no pet.).

Counsel's brief meets the requirements of Anders and he has provided defendant with a copy of the brief and advised him of his right to review the record and file a pro se brief. Defendant has not done so. Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.--San Antonio 1996, no pet.).

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, 86 (Tex. App.--San Antonio 1997, no pet.); Bruns 924 S.W.2d at 177, n.1.

Sandee Bryan Marion, Justice