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MEMORANDUM OPINION No. 04-07-00764-CR Roy VILLEGAS, Appellant v. The STATE of Texas, Appellee From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2006-CR-7197 Honorable Catherine Torres-Stahl, Judge Presiding Opinion by: Catherine Stone, Justice Sitting: Alma L. López, Chief Justice Catherine Stone, Justice Sandee Bryan Marion, Justice Delivered and Filed: September 10, 2008 AFFIRMED A jury found Roy Villegas guilty of possession of a controlled substance, heroin, in an amount of at least one gram but less than four grams. The trial court sentenced Villegas as a habitual offender to fifty years of confinement in the Texas Department of Criminal Justice, Institutional Division. We affirm.

04-07-00764-CR Villegas’s court-appointed appellate attorney filed a brief containing a professional evaluation of the record and demonstrating that there are no arguable grounds to be advanced.

Counsel concludes that the appeal is without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967).

A copy of counsel’s brief was delivered to Villegas, who was advised of his right to examine the record and to file a pro se brief. No pro se brief has been filed. After reviewing the record, we agree that the appeal is frivolous and without merit. The judgment of the trial court is therefore affirmed. Furthermore, we grant counsel’s motion to withdraw. Nichols v. State, 954 S.W.2d 83, 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.).

Catherine Stone, Justice DO NOT PUBLISH

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