Opinion
No. 04-07-00764-CR.
Delivered and Filed: September 10, 2008. DO NOT PUBLISH.
Appealed from the 144th Judicial District Court, Bexar County, Texas, Trial Court No. 2006-CR-7197, Honorable Catherine Torres-Stahl, Judge Presiding. AFFIRMED.
Sitting: ALMA L. LÓPEZ, Chief Justice, CATHERINE STONE, Justice, SANDEE BRYAN MARION, Justice.
MEMORANDUM OPINION
A jury found Roy Villegas guilty of possession of a controlled substance, heroin, in an amount of at least one gram but less than four grams. The trial court sentenced Villegas as a habitual offender to fifty years of confinement in the Texas Department of Criminal Justice, Institutional Division. We affirm. Villegas'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 Villegas, 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.).