Opinion
No. 04-07-00449-CR
Delivered and Filed: February 13, 2008. DO NOT PUBLISH
Appealed from the 186th Judicial District Court, Bexar County, Texas, Trial Court No. 2003-CR-1109, Honorable Fred Shannon, Judge Presiding. Affirmed.
Sitting: KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice.
MEMORANDUM OPINION
Pursuant to her plea-bargain agreement, on March 31, 2003, Veronica G. Benavidez pled guilty to possessing a controlled substance and received deferred adjudication for a term of four years. On May 5, 2003, her term of community supervision began. On May 4, 2007, her term of community supervision was extended by six months. On May 23, 2007, the State filed a motion to adjudicate guilt and revoke Benavidez's community supervision, alleging that Benavidez used a controlled substance and failed to comply with the rules and regulations of the Felony Drug Court Program in violation of the terms of her community supervision. On June 1, 2007, Benavidez entered pleas of true to both allegations. Finding that Benavidez violated the terms of her community supervision, the trial court revoked her community supervision, adjudicated her guilty, and sentenced her to two years in state jail. Benavidez timely filed a notice of appeal. Benavidez's court-appointed appellate attorney has filed a brief concluding 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 Benavidez was provided with a copy of the brief and motion to withdraw and was further informed of her right to review the record and file her own brief. See Bruns v. State, 924 S.W.2d 176, 177 n. 1 (Tex.App.-San Antonio 1996, no pet.). Benavidez 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.