Opinion
No. 04-03-00126-CR.
Delivered and Filed: March 3, 2004. DO NOT PUBLISH.
Appeal from the 209th Judicial District Court, Harris County, Texas, Trial Court No. 835918, Honorable Robert D. Jones, Judge Presiding. Motion to Withdraw Granted; Affirmed.
Sitting: Alma L. LÓPEZ, Chief Justice, Catherine STONE, Justice, Paul W. GREEN, Justice.
MEMORANDUM OPINION
Appellant Patrick Wayne Bronnon was convicted of engaging in organized criminal activity and was sentenced to twenty years' imprisonment. Bronnon'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 Bronnon 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. Although Bronnon has done so, we find his pro se brief to be completely without merit. 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 Bronnon's counsel. See Bruns v. State, 924 S.W.2d 176, 177 n. 1 (Tex. App.-San Antonio 1996, no pet.).
Bronnon originally plead guilty to the offense of engaging in organized criminal activity on August 7, 2000. Adjudication of guilt was deferred, and Bronnon was placed on community supervision for five years. On October 17, 2002, the State filed its third Motion to Adjudicate Guilt, alleging that Bronnon had violated the terms and conditions of his community supervision order. On December 17 and 18, 2002, the court conducted a hearing and found Bronnon to have violated the terms of the order as alleged.
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.).