Mark Anthony Martinez v. The State of Texas--Appeal from 64th District Court of Hale County

State: Texas

Court: Texas Northern District Court

Docket No: 07-08-00218-CR

Case Date: 11/24/2008

Plaintiff: Walter Charles Gibson, Jr.

Defendant: The State of Texas--Appeal from Criminal District Court of Jefferson County

Preview:David Rivas v. The State of Texas--Appeal from 81st
Judicial District Court of Atascosa County
99-00374 Rivas v State of Texas.wpd No. 04-99-00374-CR
David RIVAS,
Appellant
v.
The STATE of Texas,
Appellee
From the 81st Judicial District Court of Atascosa County, Texas
Trial Court No. 98-07-0239-CRA
Honorable Olin B. Strauss, Judge Presiding
Opinion by: Karen Angelini, Justice
Sitting: Catherine Stone, Justice
Sarah B. Duncan, Justice
Karen Angelini, Justice
Delivered and Filed: June 21, 2000
AFFIRMED
Appellant, David Rivas was found guilty by a jury of possession of an illegal weapon. The indictment also contained
an enhancement paragraph reflecting a prior felony conviction of driving while intoxicated. Appellant pled true to the
enhancement paragraph, and the court sentenced him to sixteen years imprisonment.
On appeal, appellant's court-appointed appellate attorney filed a brief in which he raises one arguable point of error,
but nonetheless concludes that this appeal is frivolous and without merit. See Anders v. California, 386 U.S. 738
(1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). Counsel states that appellant was provided with a copy
of the brief and informed of his right to review the record and file his own brief. See Bruns v. State, 924 S.W.2d 176,
177 n.1 (Tex. App.--San Antonio 1996, no pet.). No pro se brief was filed.
We have reviewed the record along with counsel's brief, and we agree that the appeal is frivolous and without merit.
The judgment of the trial court is, therefore, affirmed, and counsel's motion to withdraw is granted. See Nichols v.
State, 954 S.W.2d 83, 86 (Tex. App.--San Antonio 1997, no pet.).
Karen Angelini, Justice
DO NOT PUBLISH
file:///C|/Users/Peter/Desktop/opinions/PDFs1/12961.html[8/20/2013 7:26:05 PM]

Download 12961.pdf