Kendale Lee v. State ( 2000 )

99-00078 Lee v State of Texas.wpd No. 04-99-00078-CR Kendale LEE, Appellant v. The STATE of Texas, Appellee From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 94CR5840B Honorable Mary Román, Judge Presiding

Opinion by: Phil Hardberger, Chief Justice

Sitting: Phil Hardberger, Chief Justice

Catherine Stone, Justice

Sarah B. Duncan, Justice

Delivered and Filed: February 9, 2000

AFFIRMED

Kendale Lee pled guilty to aggravated possession of cocaine and was sentenced to ten years imprisonment and a $1,000 fine. His sentence was suspended, and he was placed on community supervision for ten years in accordance with his plea agreement. Lee's probation was subsequently revoked based on his plea of true.

Lee's court-appointed attorney filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), in which he concludes that the appeal contains no merit. Counsel provided Lee with a copy of the brief and informed him of his right to review the record and file his own brief. See Nichols v. State, 954 S.W.2d 83, 85-86 (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.).

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. Appellate counsel's motion to withdraw is granted. Nichols v. State, 954 S.W.2d at 86; Bruns 924 S.W.2d at 177 n.1.

PHIL HARDBERGER,

CHIEF JUSTICE

DO NOT PUBLISH