Cory J. Southern v. The State of Texas--Appeal from 175th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-07-00507-CR
Cory J. SOUTHERN,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2007-CR-1438
Honorable Mary Roman, Judge Presiding

Opinion by: Steven C. Hilbig, Justice

 

Sitting: Alma L. L pez, Chief Justice

Phylis J. Speedlin, Justice

Steven C. Hilbig, Justice

 

Delivered and Filed: May 28, 2008

 

MOTION TO WITHDRAW GRANTED; AFFIRMED

Cory J. Southern pled guilty to a charge of possession of a controlled substance in an amount of more than one but less than four grams. Pursuant to a plea agreement, the trial court deferred adjudication and placed Southern on community supervision for a period of five years. The State subsequently filed a motion to adjudicate guilt, alleging three violations of Southern's conditions of community supervision. Southern pled true the allegation that he had failed to identify himself to a police officer in violation of condition number one of his probation, which required that he "[n]either commit nor be convicted of any offense against the Laws of the State of Texas; or any other State or of the United States of America." He pled not true to the allegations that he further violated condition one by committing the offenses of retaliation and theft. The trial court held a hearing on the allegation that Southern had committed theft. After evidence was heard on the alleged theft, the State informed the trial court it was waiving the retaliation allegation because the witness was on vacation. The trial court found Southern violated the conditions of his community supervision, adjudicated him guilty, and sentenced him to ten years confinement. Southern filed a timely notice of appeal.

Southern's court-appointed appellate attorney filed a motion to withdraw and a brief in which she raises no arguable points of error and concludes the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967), High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978), and Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). Southern was provided a copy of the brief and motion to withdraw and was informed of his right to review the record and file his own brief. Southern has not done so.

After reviewing the record and counsel's brief, we find no reversible error and agree with counsel the appeal is wholly frivolous. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We therefore grant the motion to withdraw filed by Southern's counsel and affirm the trial court's judgment. See id.; 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.).

 

Steven C. Hilbig, Justice

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