Opinion
No. 04-04-00617-CR
Delivered and Filed: August 24, 2005. DO NOT PUBLISH.
Appeal from the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2000-CR-2673 Honorable Philip A. Kazen Jr., Judge Presiding. Motion to Withdraw Granted; Affirmed.
Sitting: Catherine STONE, Justice, Sarah B. DUNCAN, Justice, Karen ANGELINI, Justice.
MEMORANDUM OPINION
Vincent Netherly appeals the trial court's order denying his motion for forensic DNA testing. Netherly's court-appointed appellate attorney 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 (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). Counsel certifies that Netherly was provided 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. Netherly has not filed a pro se brief. We have reviewed the record and counsel's brief and agree the appeal is frivolous and without merit. We therefore affirm the trial court's judgment and grant the motion to withdraw filed by Netherly's counsel. See 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.).