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Cabal v. State

Court of Appeals of Texas, Fourth District, San Antonio
Apr 20, 2005
No. 04-03-00414-CR (Tex. App. Apr. 20, 2005)

Opinion

No. 04-03-00414-CR

Delivered and Filed: April 20, 2005. DO NOT PUBLISH.

Appeal from the 25th Judicial District Court, Guadalupe County, Texas, Trial Court No. 01-1054-CR, Honorable Dwight E. Peschel, Judge Presiding. Affirmed.

Sitting: Karen ANGELINI, Justice, Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice.


MEMORANDUM OPINION


Appellant Jesus Alberto Cabal was found guilty of aggravated sexual assault and was sentenced to ten years imprisonment and a fine of $10,000.00. Cabal's sentence was suspended, and he was placed on community supervision for a period of ten years. Cabal timely filed a notice of appeal. His 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 Cabal 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. Bruns v. State, 924 S.W.2d 176, 177 n. 1 (Tex.App.-San Antonio 1996, no pet.). Cabal has not filed 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. 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.


Summaries of

Cabal v. State

Court of Appeals of Texas, Fourth District, San Antonio
Apr 20, 2005
No. 04-03-00414-CR (Tex. App. Apr. 20, 2005)
Case details for

Cabal v. State

Case Details

Full title:JESUS ALBERTO CABAL, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Apr 20, 2005

Citations

No. 04-03-00414-CR (Tex. App. Apr. 20, 2005)