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In re F.C.M.

Court of Appeals of Texas, Fourth District, San Antonio
Jun 18, 2008
No. 04-07-00827-CV (Tex. App. Jun. 18, 2008)

Opinion

No. 04-07-00827-CV

Delivered and Filed: June 18, 2008.

Appealed from the 289th Judicial District Court, Bexar County, Texas, Trial Court No. 2007-JUV-02114, Honorable, Carmen Kelsey, Judge Presiding.

Motion to withdraw Granted; affirmed.

Sitting: CATHERINE STONE, Justice, KAREN ANGELINI, Justice, STEVEN C. HILBIG, Justice.


MEMORANDUM OPINION


Pursuant to a plea bargain agreement, F.C.M. pleaded true to the State's petition alleging he committed the offense of aggravated assault with a deadly weapon. The trial court followed the plea agreement by taking into consideration five other delinquency cases and imposing a five-year determinate sentence. F.C.M.'s court-appointed appellate attorney filed a motion to withdraw and a brief in which he asserts the appeal should be dismissed or, alternatively, there are no meritorious issues to raise on appeal. Because the trial court followed the plea bargain, F.C.M. could appeal only if the trial court granted permission. TEX. FAM. CODE ANN. § 56.01(n) (Vernon 2002). The trial court's statements to F.C.M. regarding appeal are ambiguous and arguably constitute a grant of permission to appeal. Accordingly, we will not dismiss the appeal.

Counsel's 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); see In re D.A.S., 973 S.W.2d 296, 297 (Tex. 1998) ( Anders procedures apply to appeals from juvenile delinquency adjudications); In re A.L.H., 974 S.W.2d 359, 360 (Tex.App.-San Antonio 1998, no pet.) (same). Counsel states she has provided the juvenile and his guardian copies of the brief and motion to withdraw and informed them of the juvenile's right to review the record and file his own brief. See A.L.H., 974 S.W.2d at 360-61; 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.). No pro se brief has been filed.

After reviewing the record and counsel'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 F.C.M.'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.).


Summaries of

In re F.C.M.

Court of Appeals of Texas, Fourth District, San Antonio
Jun 18, 2008
No. 04-07-00827-CV (Tex. App. Jun. 18, 2008)
Case details for

In re F.C.M.

Case Details

Full title:In the MATTER OF F.C.M

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

Date published: Jun 18, 2008

Citations

No. 04-07-00827-CV (Tex. App. Jun. 18, 2008)