TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-07-00680-CR

Alonzo Moses Botello, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF LAMPASAS COUNTY, 27TH JUDICIAL DISTRICT NO. 7964, HONORABLE JOE CARROLL, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant Alonzo Moses Botello’s court-appointed attorney filed a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967), by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See also Penson v. Ohio, 488 U.S. 75 (1988); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); Jackson v. State, 485 S.W.2d 553 (Tex. Crim. App. 1972); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). Botello received a copy of counsel’s brief and was advised of his right to examine the appellate record and to file a pro se brief. Botello filed a written response with this Court on June 6, 2008, which we have considered as a pro se brief.

We have reviewed the record, counsel’s brief, and Botello’s written response and we agree that the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005).

Counsel’s motion to withdraw is granted.

The judgment of conviction is affirmed.

___________________________________________ Diane M. Henson, Justice Before Justices Patterson, Puryear and Henson Affirmed Filed: July 2, 2008 Do Not Publish