Opinion
No. 04-07-00763-CR
Delivered and Filed: June 4, 2008. DO NOT PUBLISH
Appeal from the 226th Judicial District Court, Bexar County, Texas, Trial Court No. 2006-CR-8530, Honorable Sid L. Harle, Judge Presiding. AFFIRMED
Sitting: CATHERINE STONE, Justice, KAREN ANGELINI, Justice, STEVEN C. HILBIG, Justice.
MEMORANDUM OPINION
On December 13, 2006, Aaron Franklin ("Franklin") pled no contest to the offense of possession of a controlled substance and received probation for four years, a $1500 fine and 160 hours of community service. On September 26, 2007, the trial court revoked Franklin's community supervision after he pled true to committing the offense of possession of drug paraphernalia and sentenced him to two years in the Texas Department of Criminal Justice, Institutional Division, with credit for time served. Franklin then filed a notice of appeal. Franklin's court-appointed appellate attorney has filed a brief in which she 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 Franklin 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.). Franklin 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.); Bruns 924 S.W.2d at 177 n. 1.