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Prieto v. State

Court of Appeals of Texas, Fourth District, San Antonio
Nov 1, 2006
Nos. 4-06-00127-CR, 04-06-00128-CR (Tex. App. Nov. 1, 2006)

Opinion

Nos. 4-06-00127-CR, 04-06-00128-CR

Delivered and Filed: November 1, 2006. DO NOT PUBLISH.

Appeal from the 186th Judicial District Court, Bexar County, Texas, Trial Court Nos. 2002-CR-8042W 2003-CR-3052, Honorable Maria Teresa Herr, Judge Presiding. Affirmed.

Sitting: Alma L. LÓPEZ, Chief Justice, Catherine STONE, Justice, Karen ANGELINI, Justice.


MEMORANDUM OPINION


Robert Prieto pled guilty to burglary of a building with intent to commit theft and burglary of a habitation with force. Pursuant to a plea bargain agreement, Prieto was placed on deferred adjudication community supervision. After Prieto violated the terms of his community supervision, his guilt was adjudicated, and he was placed on regular community supervision. In response to another violation, the trial court modified the terms of his community supervision. After Prieto pled true to violating the modified terms of his community supervision, the trial court revoked his probation; however, the trial court reduced the sentence imposed in relation to the burglary of a habitation offense. Prieto's court-appointed attorney filed a brief containing a professional evaluation of the record in accordance with Anders v. California, 386 U.S. 738 (1967). Counsel concludes that the appeals have no merit. Counsel provided Prieto with a copy of the brief and informed him of his right to review the record and file his own brief. See Nichols v. State, 954 S.W.2d 83, 85-86 (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.). Prieto did not file a pro se brief. After reviewing the record and counsel's brief, we agree that the appeals are frivolous and without merit. The judgments of the trial court are affirmed. Appellate counsel's motions to withdraw are granted. Nichols v. State, 954 S.W.2d at 86; Bruns 924 S.W.2d at 177 n. 1.


Summaries of

Prieto v. State

Court of Appeals of Texas, Fourth District, San Antonio
Nov 1, 2006
Nos. 4-06-00127-CR, 04-06-00128-CR (Tex. App. Nov. 1, 2006)
Case details for

Prieto v. State

Case Details

Full title:ROBERT PRIETO, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Nov 1, 2006

Citations

Nos. 4-06-00127-CR, 04-06-00128-CR (Tex. App. Nov. 1, 2006)