Opinion
No. 04-02-00152-CR.
Delivered and Filed January 15, 2003. DO NOT PUBLISH.
From the 175th Judicial District Court, Bexar County, Texas, Trial Court No. 2001-CR-3988.
Before Chief Justice LÓPEZ and Justices DUNCAN and ANGELINI.
Memorandum Opinion
AFFIRMED; MOTION TO WITHDRAW GRANTED A jury found Adam Timothy Cortez guilty of felony assault and sentenced him to five years confinement in the Texas Department of Criminal Justice — Institutional Division. Cortez timely appealed. Cortez's court-appointed appellate attorney filed a motion to withdraw and a brief in which he raises no arguable points of error and concludes this appeal is frivolous and without merit. The 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). Counsel provided Cortez a copy of the brief and motion to withdraw and further informed Cortez of his right to review the record and file his own brief. Cortez has not done so. We have reviewed the record and counsel's brief and agree the appeal is frivolous and without merit. We therefore affirm the trial court's judgment and grant the motion to withdraw filed by Cortez's counsel. See Nichols v. State, 954 S.W.2d 83, 86 (Tex.App.-San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n. 1 (Tex.App.-San Antonio 1996, no pet.)