Opinion
No. 04-03-00801-CR
Delivered and Filed: February 16, 2005. DO NOT PUBLISH.
Appeal from the 175th Judicial District Court, Bexar County, Texas, Trial Court No. 2003-CR-2980, Honorable Mary Román, Judge Presiding. Affirmed.
Sitting: Catherine STONE, Justice, Karen ANGELINI, Justice, Sandee Bryan MARION, Justice.
MEMORANDUM OPINION
Appellant Lowell Brian Gibson was found guilty of aggravated assault with a deadly weapon and was sentenced to seventeen years imprisonment. Gibson's court-appointed appellate attorney has filed a brief in which she 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). She has also filed a motion to withdraw. Counsel states that appellant 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.). Gibson did not file a pro se brief. We have reviewed the record and counsel's brief. At trial, David Arnold, the victim, testified. According to Arnold, he had been sharing a small apartment with Gibson. Gibson told Arnold that he wanted Arnold to move out immediately. Arnold agreed to move out at the beginning of the next month. On the day in question, Arnold went into a community bathroom in a hallway outside of the apartment. Gibson followed him in. He then told Arnold that "he had to go." Arnold told Gibson that he needed to use the restroom also and told Gibson to leave the restroom. Gibson then said to Arnold, "Remember what I told you." Arnold replied that when Gibson returned his rent money, he would leave. When Arnold tried to leave the restroom, Gibson grabbed him, pushed him down, and stabbed his arms and head. Lynn Marie Chambers, who had been visiting Arnold on the day in question, also testified at trial. According to Chambers, Arnold went to the restroom. Then, Gibson came out of his bedroom and went out the front door toward the community restroom. She then heard Arnold screaming her name. When she got to the community restroom, blood was everywhere, and Gibson was kneeling over Arnold. Arnold told her to leave because Gibson was coming after her next. Gibson also testified at trial in his own defense. According to Gibson, he went into the bathroom and once again, told Arnold to move out of the apartment. Gibson testified that he then, in order to use the toilet, turned his back toward Arnold. Arnold knocked him forward toward the wall: "And then I turned to use the pot. And he hit me in the back, right back here in the ribs. Knocked all the breath out of me . . . [a]nd knocked me forward. And I came up with a knife and I cut his arms." According to Gibson, he "had to come back." Gibson testified, "I couldn't let him hit me again." The testimony at trial also showed that Arnold suffered severe injuries as a result of Gibson's attack. In reviewing the record, we agree that the appeal is frivolous and without merit. The judgment of the trial court is affirmed. Furthermore, we grant counsel's 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.