Kermit Brual v. The State of Texas--Appeal from 144th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-04-00600-CR

Kermit BRUAL,

Appellant

v.

The STATE of Texas,

Appellee

From the 144th Judicial District Court, Bexar County, Texas

Trial Court No. 2003CR9729

Honorable Mark Luitjen, Judge Presiding

Opinion by: Karen Angelini, Justice

Sitting: Sarah B. Duncan, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: September 28, 2005

AFFIRMED

// After a trial on the merits, Kermit Brual was found guilty of possession of a controlled substance and was sentenced to fifteen years imprisonment and a fine of $2,500.00. Brual timely filed a notice of appeal. His court-appointed appellate attorney has filed a brief in which he raises several arguable issues, but nonetheless concludes 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.). Brual has filed a pro se brief raising several issues. However, after reviewing the record, counsel s brief, and Brual s pro se 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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