James Gist v. The State of Texas--Appeal from 371st District Court of Tarrant County

State: Texas

Court: Texas Northern District Court

Docket No: 07-08-00030-CR

Case Date: 10/14/2009

Plaintiff: VICKY TREVINO A/K/A VICKY STICKELL

Defendant: THE STATE OF TEXAS--Appeal from 28th District Court of Nueces County

Preview:Julian Cuevas v. The State of Texas--Appeal from 226th Judicial District Court of Bexar County
No. 04-00-00024-CR Julian CUEVAS, Appellant v. STATE of Texas, Appellee From the 226th Judicial District Court, Bexar County, Texas Trial Court No. 99-CR-0379 Honorable Sid L. Harle, Judge Presiding PER CURIAM Sitting: Phil Hardberger, Chief Justice Paul W. Green, Justice Karen Angelini, Justice Delivered and Filed: January 24, 2001 MOTION TO WITHDRAW GRANTED; AFFIRMED The jury found Julian Cuevas guilty of possession of a controlled substance, heroin, in an amount of one gram or more but less than four grams. Cuevas pled true to the two enhancement paragraphs of the indictment. The trial court sentenced him to thirty years confinement. Cuevas'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 Cuevas was provided with a copy of the brief and motion to withdraw and was further informed of his right to review the record (1) and file his own brief if he wished. Cuevas 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 Cuevas'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 PER CURIAM DO NOT PUBLISH 1. 1Counsel also detailed the procedure for obtaining the record.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.).

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