George Abel Beltran v. The State of Texas--Appeal from 227th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-05-00458-CR

George BELTRAN,

Appellant

v.

The STATE of Texas ,

Appellee

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

Trial Court No. 2003-CR-3320-W

Honorable Philip A. Kazen, Jr., Judge Presiding

Opinion by: Karen Angelini , Justice

Sitting: Catherine Stone , Justice

Karen Angelini , Justice

Rebecca Simmons, Justice

Delivered and Filed: July 26, 2006

AFFIRMED

On June 2, 2003, pursuant to a plea-bargain agreement, George Beltran was found guilty of evading arrest/detention with vehicle and was placed on community supervision for a period of five years. On June 21, 2005, the State moved to revoke his community supervision, alleging that he had violated the conditions of his community supervision by (1) failing to report to his supervision officer in person for the months of March and April 2005, and (2) failing to pay fines, court courts, or restitution relating to the case. At the revocation hearing, Beltran pled true to having violated these conditions of his community supervision. The trial court revoked his community supervision and sentenced him to two years in state jail. Beltran timely filed a notice of appeal.

Beltran's court-appointed attorney has filed a brief in which he raises one issue, but nonetheless concludes that Beltran's 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 Beltran was provided with a copy of the brief 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.). Beltran did not file a pro se brief.

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 counsel's motion to withdraw. Nichols v. State, 954 S.W.2d 83, 85-86 (Tex. App.--San Antonio 1997, no pet.); Bruns924 S.W.2d at 177 n.1.

Karen Angelini , Justice

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