Rosalinda McGarity v. State ( 2004 )

MEMORANDUM OPINION No. 04-03-00282-CR Rosalinda MCGARITY, Appellant v. STATE of Texas, Appellee From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2001-CR-0052W Honorable Maria Teresa Herr, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Sarah B. Duncan, Justice

Delivered and Filed: March 3, 2004

MOTION TO WITHDRAW GRANTED; AFFIRMED

Appellant Rosalinda McGarity pled nolo contendere to child endangerment, a state jail felony. Her sentence was suspended and she was placed on community supervision (probation). Following the State's motion to revoke, McGarity pled true to a violation of the conditions of her probation. The trial court revoked probation and sentenced her to two years in prison. McGarity'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 McGarity was provided with a copy of the brief and motion to withdraw and was further informed of her right to review the record ⁽¹⁾ and file her own brief if she wished. She 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 McGarity'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Do Not Publish

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¹ Counsel is reminded that she should detail the procedure for obtaining the record. See Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.--San Antonio 1996, no pet.).