Opinion
No. 04-06-00586-CR
Delivered and Filed: April 11, 2007. DO NOT PUBLISH.
Appeal from 379th Judicial District Court, Bexar County, Texas, Trial Court No. 2004-CR-7827, Honorable Bert Richardson, Judge Presiding. AFFIRMED.
Sitting: CATHERINE STONE, Justice, KAREN ANGELINI, Justice, STEVEN C. HILBIG, Justice.
MEMORANDUM OPINION
Nicholas Mata pleaded nolo contendere to a charge of indecency with a child. Mata was placed on five years deferred adjudication probation for the offense. The State subsequently filed a motion to revoke Mata's probation and proceed to final adjudication, alleging that Mata had violated the terms of his probation by committing a misdemeanor assault against a family member and by having contact with minor children. After a hearing on the State's motion, the trial court adjudicated Mata guilty and sentenced him to five years imprisonment. We affirm. Mata's court-appointed appellate attorney filed a brief containing a professional evaluation of the record and demonstrating that there are no arguable grounds to be advanced. Counsel concludes that the appeal is without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967). A copy of counsel's brief was delivered to Mata, who was advised of his right to examine the record and to file a pro se brief. No pro se brief has been filed. After reviewing the record, we agree that the appeal is frivolous and without merit. The judgment of the trial court is therefore affirmed. Furthermore, we grant counsel's motion to withdraw. 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.).