in the Matter of A.B., Jr., III ( 2008 )

i i i i i i
MEMORANDUM OPINION
No. 04-08-00321-CV
In the MATTER OF A.B. JR. III
From the 386th Judicial District Court, Bexar County, Texas
Trial Court No. 2007-JUV-02400
Honorable Laura L. Parker, Judge Presiding
Opinion by: Steven C. Hilbig, Justice
Sitting: Catherine Stone, Justice
Phylis J. Speedlin, Justice
Steven C. Hilbig, Justice
Delivered and Filed: December 10, 2008
MOTION TO WITHDRAW GRANTED; AFFIRMED
Pursuant to a plea agreement, A.B. Jr. III pleaded true to the State’s petition alleging he
committed the offense of possession of marihuana, two ounces or less, within one thousand feet of
a school. The trial court followed the plea agreement and placed A.B. on probation for nine months
in the custody of his grandmother. Subsequently, the State filed a motion to modify disposition
alleging A.B. violated conditions of his probation. A.B. pleaded true to the violations alleged in the
State’s motion. The trial court found A.B. violated the conditions as alleged by the State and
determined there was a need for disposition. After the disposition hearing, the trial court extended
A.B.’s probation for fifteen months and ordered that it be served in the custody of the Chief Juvenile
Probation Officer of Bexar County. A.B. filed a notice of appeal.
04–08-00321-CV
A.B.’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 A.B.’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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