Tony Lynn Brasfield v. The State of Texas--Appeal from 175th Judicial District Court of Bexar County

MEMORANDUM OPINION

 
No. 04-06-00869-CR
Tony Lynn BRASFIELD,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2003-CR-1377B
Honorable Mary Roman, Judge Presiding

Opinion by: Karen Angelini, Justice

 

Sitting: Karen Angelini, Justice

Rebecca Simmons, Justice

Steven C. Hilbig, Justice

Delivered and Filed: November 7, 2007

 

AFFIRMED

Tony Lynn Brasfield ("Brasfield") was indicted for the offense of injury to a child. He entered into a plea bargain and received probation for a term of four years, with an underlying sentence of five years. Brasfield subsequently pled true to violating a condition of his probation and his probation was revoked; however, the trial court reformed the underlying sentence from five years to two years, and gave Brasfield credit for time served. Brasfield appeals.

Brasfield's court-appointed counsel on appeal filed a brief in which he raises "two minimally arguable points of error," but nonetheless concludes that this appeal is frivolous and without merit. See Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). Counsel states that Brasfield 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. See Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.--San Antonio 1996, no pet.). Brasfield 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 the motion to withdraw. See Nichols v. State, 954 S.W.2d 83, 85-86 (Tex. App.--San Antonio 1997, no pet.).

Karen Angelini, Justice

 

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