Jesus Luis Fernandez v. The State of Texas--Appeal from County Court at Law No 6 of Bexar County

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No. 04-03-00485-CR
The STATE of Texas,
From the County Court at Law No. 6, Bexar County, Texas
Trial Court No. 826531
Honorable Philip Meyer, 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: September 8, 2004


Jesus Luis Fernandez was charged with driving while intoxicated, first offense. Fernandez was found guilty of the alleged offense after a jury trial, and he was sentenced to 120 days in jail, probated for fourteen months, and assessed a $500 fine. We affirm.

Fernandez'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 on appeal. Counsel concludes that the appeal is without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967).

A copy of counsel's brief was delivered to Fernandez, who was advised of his right to examine the record and to file a pro se brief. No pro se brief has been filed. 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 appellate counsel's motion to withdraw. See 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.).

Phylis J. Speedlin, Justice

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