Opinion
No. 04-07-00543-CR
Delivered and Filed: April 9, 2008. DO NOT PUBLISH
Appeal from the 290th Judicial District Court, Bexar County, Texas, Trial Court No. 2004-CR-4531, Honorable Sharon MacRae, Judge Presiding. AFFIRMED
Sitting: CATHERINE STONE, Justice, SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice.
MEMORANDUM OPINION
John Montgomery was convicted of the offense of sexual assault and was placed on community supervision for a term of ten years. The State filed a motion to revoke Montgomery's community supervision, alleging Montgomery had violated the terms of his community supervision by leaving Bexar County and the State of Texas without the consent of the court or his probation officer. After a hearing on the State's motion, the trial court revoked Montgomery's community supervision. The trial court subsequently sentenced Montgomery to a term of ten years imprisonment and fined him $10,000. We affirm. Montgomery's court-appointed appellate attorney filed a brief containing a professional evaluation of the record and demonstrating that there are no arguable grounds to be advanced. Counsel concludes that the appeal is without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967). A copy of counsel's brief was delivered to Montgomery, who was advised of his right to examine the record and to file a pro se brief. No pro se brief has been filed. After reviewing the record, we agree that the appeal is frivolous and without merit. The judgment of the trial court is therefore affirmed. Furthermore, we grant counsel's motion to withdraw. 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.).