in the Matter of J.R. ( 2008 )

i i i i i i
MEMORANDUM OPINION
No. 04-08-00029-CV
In the MATTER OF J.R.
From the 289th Judicial District Court, Bexar County, Texas
Trial Court No. 2005-JUV-01802
Honorable Carmen Kelsey, Judge Presiding
Opinion by: Steven C. Hilbig, Justice
Sitting: Karen Angelini, Justice
Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Delivered and Filed: December 3, 2008
MOTION TO WITHDRAW GRANTED; AFFIRMED
Pursuant to a plea bargain, J.R. pleaded true to the State’s petition alleging he committed the
offense of possession of cocaine, one to four grams. The trial court followed the plea agreement and
placed J.R. on probation for twelve months in his mother’s custody. The State subsequently filed
four motions to modify disposition based on alleged violations of probation. With regard to the first
three motions to modify, the trial court found the various allegations true and extended J.R.’s
probation, but after the second motion ordered probation in the custody of the Chief Juvenile
Probation Officer of Bexar County. J.R. subsequently pled true, without a plea agreement, to the
allegations in the fourth motion to modify disposition, which is the subject of this appeal. The trial
04-08-00029-CV
court revoked J.R.’s probation and committed him to the Texas Youth Commission. J.R. filed a
notice of appeal.
J.R.’s court-appointed appellate attorney filed a motion to withdraw and a brief in which she
asserts there are no meritorious issues to raise on appeal. 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). See In re D.A.S., 973 S.W.2d
296, 297 (Tex. 1998) (Anders procedures apply to appeals from juvenile delinquency adjudications);
In re A.L.H., 974 S.W.2d 359, 360 (Tex. App.—San Antonio 1998, no pet.) (same). Counsel states
she has provided the juvenile and his guardian copies of the brief and motion to withdraw and
informed them of the juvenile’s right to review the record and file his own brief. See A.L.H., 974
S.W.2d at 360-61; 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.). No pro se brief
has been filed.
After reviewing the record and counsel’s brief, we find no reversible error and agree with
counsel the appeal is wholly frivolous. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim.
App. 2005). We therefore grant the motion to withdraw filed by J.R.’s counsel and affirm the trial
court’s judgment. See id.; Nichols, 954 S.W.2d at 86; Bruns, 924 S.W.2d at 177 n.1.
Steven C. Hilbig, Justice
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