No. 04-01-00173-CV
IN THE MATTER OF J. P.
Appellant
From the 386th Judicial District Court, Bexar County, Texas
Trial Court No. 1999-JUV-02264
Honorable Laura Parker, Judge Presiding
PER CURIAM
Sitting: Phil Hardberger, Chief Justice
Paul W. Green, Justice
Karen Angelini, Justice
Delivered and Filed: November 21, 2001
MOTION TO WITHDRAW GRANTED; AFFIRMED
Pursuant to a plea agreement, J.P. was sentenced to twenty-six months probation for delinquent conduct based on possession of cocaine and was remanded to the custody of the Bexar County Juvenile Probation Department. The State subsequently moved to modify the disposition, alleging J.P. violated the conditions of his probation by theft and associating with gang members. J.P. pleaded not-true and a non-jury trial was held. Following the trial, the trial court modified the disposition and remanded J.P. to the custody of the Texas Youth Commission. J.P.'s court-appointed attorney on appeal filed a brief in which counsel concludes this appeal is frivolous and without merit. Counsel also filed a motion to withdraw.
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). Specifically, counsel states J.P. and his guardian were provided with a copy of the brief and motion to withdraw and were further informed of J.P.'s right to review the record (1) and file his own brief if he wished. In re D.A.S., 973 S.W.2d 296, 299 (Tex. 1998); In re A.L.H., 974 S.W.2d 359, 360-61 (Tex. App.-San Antonio 1998, no pet.). J.P. has not done so.
We reviewed the record and counsel's brief and agree the appeal is frivolous and without merit. The judgment of the trial court is affirmed. Furthermore, we grant the motion to withdraw filed by J.P.'s counsel. See Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.-San Antonio 1996, no pet.).
PER CURIAM
DO NOT PUBLISH
1.