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Cloud v. State

Court of Appeals of Texas, Fourth District, San Antonio
Sep 8, 2004
No. 04-03-00760-CR (Tex. App. Sep. 8, 2004)

Opinion

No. 04-03-00760-CR

Delivered and Filed: September 8, 2004. DO NOT PUBLISH.

Appeal from the 227th Judicial District Court, Bexar County, Texas, Trial Court No. 2002-CR-7320, Honorable Philip A. Kazen, Jr., Judge Presiding. Affirmed.

Sitting: Paul W. GREEN, Justice, Karen ANGELINI, Justice and Sandee Bryan MARION, Justice.


MEMORANDUM OPINION


Appellant, Vernon Cloud, pled true to violations alleged in the State's motion to revoke his community supervision, following which the trial court adjudicated him guilty of possession of a controlled substance and assessed punishment at two years' confinement and a $1,000 fine. Appellant's court-appointed appellate attorney filed a brief containing one arguable issue, but 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). The arguable issue is that the trial court abused its discretion in revoking community supervision. Appellant pled true to three violations of his community supervision and the court accepted the plea; therefore, no abuse of discretion has been shown. Counsel's brief meets the requirements of Anders and she has provided appellant with a copy of the brief and advised him of his right to review the record and file a pro se brief. Appellant has not done so. Bruns v. State, 924 S.W.2d 176, 177 n. 1 (Tex. App.-San Antonio 1996, no pet.). 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, 86 (Tex. App.-San Antonio 1997, no pet.); Bruns 924 S.W.2d at 177, n. 1.


Summaries of

Cloud v. State

Court of Appeals of Texas, Fourth District, San Antonio
Sep 8, 2004
No. 04-03-00760-CR (Tex. App. Sep. 8, 2004)
Case details for

Cloud v. State

Case Details

Full title:VERNON CLOUD, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Sep 8, 2004

Citations

No. 04-03-00760-CR (Tex. App. Sep. 8, 2004)