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Shivers v. State

Court of Appeals of Texas, Fourth District, San Antonio
Oct 19, 2005
No. 4-05-00121-CR (Tex. App. Oct. 19, 2005)

Opinion

No. 4-05-00121-CR

Delivered and Filed: October 19, 2005. DO NOT PUBLISH.

Appeal from the 227th Judicial District Court, Bexar County, Texas, Trial Court No. 2002-CR-5334, Honorable Philip A. Kazen, Jr., Judge Presiding. Affirmed.

Sitting: Alma L. LÓPEZ, Chief Justice, Catherine STONE, Justice, Rebecca SIMMONS, Justice.


MEMORANDUM OPINION


James Shivers pleaded nolo contendere to driving while intoxicated and was placed on community supervision for a term of seven years. The trial court, however, subsequently revoked Shivers's community supervision. Upon revoking Shivers's community supervision, the trial court sentenced Shivers to seven years imprisonment and fined him $250. We affirm. Shivers'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 Shivers, 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.).


Summaries of

Shivers v. State

Court of Appeals of Texas, Fourth District, San Antonio
Oct 19, 2005
No. 4-05-00121-CR (Tex. App. Oct. 19, 2005)
Case details for

Shivers v. State

Case Details

Full title:JAMES MICHAEL SHIVERS, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Oct 19, 2005

Citations

No. 4-05-00121-CR (Tex. App. Oct. 19, 2005)