Robert Prieto v. The State of Texas--Appeal from 186th Judicial District Court of Bexar County

MEMORANDUM OPINION

Nos. 04-06-00127-CR & 04-06-00128-CR

Robert PRIETO,

Appellant

v.

The STATE of Texas ,

Appellee

From the 186th Judicial District Court, Bexar County, Texas

Trial Court Nos. 2002-CR-8042W & 2003-CR-3052

Honorable Maria Teresa Herr , Judge Presiding

Opinion by: Alma L. L pez, Chief Justice

Sitting: Alma L. L pez, Chief Justice

Catherine Stone , Justice

Karen Angelini , Justice

Delivered and Filed: November 1, 2006

AFFIRMED

Robert Prieto pled guilty to burglary of a building with intent to commit theft and burglary of a habitation with force. Pursuant to a plea bargain agreement, Prieto was placed on deferred adjudication community supervision. After Prieto violated the terms of his community supervision, his guilt was adjudicated, and he was placed on regular community supervision. In response to another violation, the trial court modified the terms of his community supervision. After Prieto pled true to violating the modified terms of his community supervision, the trial court revoked his probation; however, the trial court reduced the sentence imposed in relation to the burglary of a habitation offense.

Prieto'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 appeals have no merit. Counsel provided Prieto 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.). Prieto did not file a pro se brief.

After reviewing the record and counsel's brief, we agree that the appeals are frivolous and without merit. The judgments of the trial court are affirmed. Appellate counsel's motions to withdraw are 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DO NOT PUBLISH