Opinion
No. 04-04-00566-CR
Delivered and Filed: April 6, 2005. DO NOT PUBLISH.
Appeal from the 144th Judicial District Court, Bexar County, Texas, Trial Court No. 2001-CR-6743W, Honorable Mark R. Luitjen, Judge Presiding. Affirmed.
Sitting: Alma L. LÓPEZ, Chief Justice, Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice.
MEMORANDUM OPINION
Anthony Gonzales pled nolo contendere to the offense of retaliation in accordance with a plea bargain agreement and was placed on deferred adjudication community supervision. Gonzales's guilt was later adjudicated, and he was sentenced to ten years imprisonment; however, his sentence was suspended, and Gonzales was placed on community supervision for five years. Gonzales pled true to violating the terms of his community supervision, and he appeals the trial court's judgment sentencing him to seven years imprisonment. Gonzales's court-appointed attorney filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), in which he concludes that the appeal has no merit. Counsel provided Gonzales with a copy of the brief and informed him of his right to review the record and file his own brief. See Nichols v. State, 954 S.W.2d 83, 85-86 (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.). Gonzales did not file 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. Appellate counsel's motion to withdraw is granted. Nichols v. State, 954 S.W.2d at 86; Bruns 924 S.W.2d at 177 n. 1.