Opinion
No. 04-02-00420-CR.
Delivered and Filed January 15, 2003. DO NOT PUBLISH.
From the 144th Judicial District Court, Bexar County, Texas, Trial Court No. 2001-CR-7016.
Before Cheif Justice LÓPEZ and Justices STONE and GREEN.
MEMORANDUM OPINION
MOTION TO WITHDRAW GRANTED; AFFIRMED Mario Alberto Medellin plead nolo contendere to theft under $1500 enhanced, a state jail felony; and, pursuant to a plea bargain, the trial court sentenced him to two years confinement. Medellin's court-appointed attorney on appeal filed a brief in which counsel concludes this appeal is frivolous and without merit. Counsel also filed a motion to withdraw. Counsel's 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). Specifically, counsel states Medellin 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 if he wished. Medellin has not done so. We reviewed the record and counsel's brief and agree the appeal is frivolous and without merit. The judgment of the trial court is affirmed. Furthermore, we grant the motion to withdraw filed by Medellin's counsel. See Bruns v. State, 924 S.W.2d 176, 177 n. 1 (Tex.App.-San Antonio 1996, no pet.).
A companion case, cause no. 2001-CR-7015, was previously dismissed for lack of jurisdiction.
Counsel also explained the procedure for obtaining the record. See Bruns v. State, 924 S.W.2d 176, 177 n. 1 (Tex.App.-San Antonio 1996, no pet.).