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MEMORANDUM OPINION
No. 04-07-00880-CR
Lupe GOMEZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2006-CR-6522
Honorable Juanita A. Vasquez-Gardner, Judge Presiding
Opinion by: Karen Angelini, Justice
Sitting: Karen Angelini, Justice
Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Delivered and Filed: September 3, 2008
AFFIRMED
Appellant Lupe Gomez was charged by indictment with burglary of a habitation with the
intent to commit a felony (repeater). Gomez entered an open plea of nolo contendere and pled true
to having previously been convicted of murder. He was then sentenced to forty years of
imprisonment. Gomez timely filed a notice of appeal. His court-appointed appellate attorney has
filed a brief in which she raises two arguable points of error, but nonetheless concludes that this
appeal is frivolous and without merit. See Anders v. California, 386 U.S. 738 (1967); High v. State,
04-07-00880-CR
573 S.W.2d 807 (Tex. Crim. App. 1978). Counsel states that appellant was provided with 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. See Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—San Antonio 1996, no pet.).
Gomez did not file a pro se brief.
We have reviewed the record and counsel’s brief. We agree that the appeal is frivolous and
without merit. The judgment of the trial court is affirmed. Furthermore, we grant the motion to
withdraw. See Nichols v. State, 954 S.W.2d 83, 85-86 (Tex. App.—San Antonio 1997, no pet.);
Bruns, 924 S.W.2d at 177 n.1.
Karen Angelini, Justice
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