Opinion
Nos. 04-04-00548-CR, 04-04-00549-CR
Delivered and Filed: April 20, 2005. DO NOT PUBLISH.
Appeal from the 144th Judicial District Court, Bexar County, Texas, Trial Court Nos. 2003CR9192 2004CR1872W, Honorable Mark Luitjen, Judge Presiding. Affirmed.
Sitting: Karen ANGELINI, Justice, Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice.
MEMORANDUM OPINION
With respect to cause no. 2003CR9192, Danette M. Bixler was charged with possession of a controlled substance, less than one gram. With respect to cause no. 2004CR1872W, Bixler was charged with the state jail felony offense of credit/debit card abuse. With respect to both causes, Bixler entered a plea of nolo contendere. In support of her plea of nolo contendere for possession of a controlled substance, the State admitted into evidence a "Waiver, Consent to Stipulation of Testimony and Stipulations," which Bixler and her attorney had signed. Among other things, the stipulations contained a judicial confession signed by Bixler, a drug identification report by Forensic Scientist Tamsyn Eynon, a prosecution guide report by Detective R.L. Herrera, and a finalized report by Officer John L. Corona. In support of her plea of nolo contendere for credit/debit card abuse, the State admitted into evidence another "Waiver, Consent to Stipulation of Testimony and Stipulations," which Bixler and her attorney had signed. Like the stipulations in the other case, these stipulations also contained a judicial confession signed by Bixler and an incident report signed by Officer J. Maxwell. On April 13, 2004, with respect to cause no. 2004CR1872W, the trial court placed Bixler on community supervision for a period of four years. With respect to cause no. 2003CR9192, the trial court placed Bixler on deferred adjudication community supervision for a period of four years. On April 20, 2004, the State filed a motion to adjudicate guilt, arguing that Bixler had violated the terms of her probation. On June 15, 2004, the State filed an amended motion to adjudicate guilt. On June 22, 2004, the trial court heard the motions to revoke in both causes. At the hearing, Bixler pled true to violating conditions of her probation. With respect to cause no. 2003CR9192, the trial court revoked Bixler's community supervision, entered an adjudication of guilt, and sentenced her to two years imprisonment and a fine of $10,000.00. With respect to cause no. 2004CR1872W, the trial court revoked Bixler's community supervision and sentenced her to twelve months imprisonment and a fine of $10,000.00. Both sentences run concurrently. Bixler timely filed a notice of appeal. Her court-appointed appellate attorney has filed a brief in which he concludes that this appeal is frivolous and without merit. Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex.Crim.App. 1978). Counsel states that Bixler 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. Bruns v. State, 924 S.W.2d 176, 177 n. 1 (Tex.App.-San Antonio 1996, no pet.). Bixler has filed letters in response. We have reviewed the record, counsel's brief, and Bixler's letters. 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. 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.