Opinion
No. 4-06-00209-CR
Delivered and Filed: August 16, 2006. DO NOT PUBLISH.
Appeal from the 187th Judicial District Court, Bexar County, Texas, Trial Court No. 2005-CR-8041, Honorable Andrew Carruthers, Judge Presiding. Motion to Withdraw Granted; Affirmed.
The Honorable Andrew Carruthers is the criminal law magistrate who presided over the bond reduction hearing. The elected judge of the 187th Judicial District Court of Bexar County is the Honorable Raymond Angelini.
Sitting: Alma L. LÓPEZ, Chief Justice, Sarah B. DUNCAN, Justice, Phylis SPEEDLIN, Justice.
MEMORANDUM OPINION
Johnny Garcia was indicted for aggravated robbery with a deadly weapon. After the trial court set Garcia's bond at $75,000, Garcia filed a pretrial application for writ of habeas corpus asking the trial court to reduce his bond to $15,000. Following an evidentiary hearing, the court denied the requested relief. This appeal followed. Garcia's court-appointed attorney has 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, 87 S. Ct. 1396, 18 L. Ed.2d 493 (1967), High v. State, 573 S.W.2d 807 (Tex.Crim.App. [Panel Op.] 1978), and Gainous v. State, 436 S.W.2d 137 (Tex.Crim.App. 1969). Counsel states Garcia was provided copies of the brief, the record, and the motion to withdraw and informed of his right to file his own brief. Garcia has filed a pro se brief in which he contends that "there is a[n] arguable defect in my Bond Reduction" and that he would not be in the position of having to file a pro se brief had he been properly represented. After reviewing the record, counsel's brief, and Garcia's brief, we find no reversible error and agree with counsel the appeal is wholly frivolous. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex.Crim.App. 2005). We therefore grant the motion to withdraw filed by Garcia's counsel and affirm the trial court's judgment. See id.; 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.).