James Michael Shivers v. The State of Texas--Appeal from 227th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-05-00121-CR

James Michael SHIVERS,

Appellant

v.

The STATE of Texas,

Appellee

From the 227th Judicial District Court, Bexar County, Texas

Trial Court No. 2002-CR-5334

Honorable Philip A. Kazen, Jr., Judge Presiding

Opinion by: Catherine Stone, Justice

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Rebecca Simmons, Justice

Delivered and Filed: October 19, 2005

AFFIRMED

James Shivers pleaded nolo contendere to driving while intoxicated and was placed on community supervision for a term of seven years. The trial court, however, subsequently revoked Shivers s community supervision. Upon revoking Shivers s community supervision, the trial court sentenced Shivers to seven years imprisonment and fined him $250. We affirm.

Shivers 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. 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 Shivers, 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 therefore affirmed. Furthermore, we grant counsel s motion to withdraw. 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.).

Catherine Stone, Justice

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