Tommy Reyes v. The State of Texas--Appeal from 218th Judicial District Court of Atascosa County

MEMORANDUM OPINION

No. 04-05-00544-CR

Tommy REYES,

Appellant

v.

The STATE of Texas ,

Appellee

From the 81st Judicial District Court, Atascosa County, Texas

Trial Court No. 04-11-0239-CRA

Honorable Donna S. Rayes , Judge Presiding

Opinion by: Alma L. L pez, Chief Justice

Sitting: Alma L. L pez, Chief Justice

Catherine Stone , Justice

Sandee Bryan Marion , Justice

Delivered and Filed: July 12, 2006

AFFIRMED

Tommy Reyes was indicted for the offense of aggravated sexual assault of a child. A jury convicted Reyes of the lesser included offense of indecency with a child. Reyes was sentenced by the jury to eight years imprisonment. Reyes's court-appointed attorney filed a brief containing a professional evaluation of the record in accordance with Anders v. California, 386 U.S. 738 (1967). Counsel concludes that the appeal has no merit. Counsel provided Reyes with a copy of the brief and informed him of his right to review the record and file his own brief. See Nichols v. State, 954 S.W.2d 83, 85-86 (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.). Reyes did not file a pro se brief.

After reviewing the record and counsel's brief, we agree that the appeal is frivolous and without merit. The judgment of the trial court is affirmed. Appellate counsel's motion to withdraw is granted. Nichols v. State, 954 S.W.2d at 86; Bruns 924 S.W.2d at 177 n.1.

Alma L. L pez, Chief Justice

DO NOT PUBLISH