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Acebedo v. State

Court of Appeals of Texas, Fourth District, San Antonio
Jun 11, 2003
No. 04-02-00456-CR (Tex. App. Jun. 11, 2003)

Opinion

No. 04-02-00456-CR

Delivered and Filed: June 11, 2003 Do not publish

Appeal From the 175th Judicial District Court, Bexar County, Texas, Trial Court No. 2002-CR-0436, Honorable Mary Rom´an, Judge Presiding. MOTION TO WITHDRAW GRANTED; AFFIRMED

Sitting: Alma L. LOPEZ, Chief Justice, Catherine STONE, Justice, Sarah B. DUNCAN, Justice.


MEMORANDUM OPINION


A jury found Juan Acebedo guilty of robbery. After Acebedo pled true to allegations of being a habitual offender, the trial court sentenced him to twenty-five years in the Texas Department of Criminal Justice — Institutional Division. On appeal, Acebedo's court-appointed appellate attorney filed a motion to withdraw and a brief in which she raises no arguable points of error and concludes this appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (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). Counsel certifies she provided Acebedo with a copy of the brief and motion to withdraw. Acebedo was informed of his right to review the record and file a brief, but he did not file a pro se brief. We have reviewed the record and counsel's brief and agree the appeal is frivolous and without merit. We therefore grant the motion to withdraw and affirm the trial court's judgment. See 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.).


Summaries of

Acebedo v. State

Court of Appeals of Texas, Fourth District, San Antonio
Jun 11, 2003
No. 04-02-00456-CR (Tex. App. Jun. 11, 2003)
Case details for

Acebedo v. State

Case Details

Full title:Juan ACEBEDO, Appellant v. The STATE of Texas, Appellee

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Jun 11, 2003

Citations

No. 04-02-00456-CR (Tex. App. Jun. 11, 2003)