Clarence J. Fusilier v. State

MEMORANDUM OPINION

No. 04-11-00013-CR Clarence J. FUSILIER, Appellant v. The STATE of Texas, Appellee From the County Court at Law No. 7, Bexar County, Texas Trial Court No. 330705 Honorable Monica Guerrero, Judge Presiding

Opinion by: Sandee Bryan Marion, Justice Sitting: Catherine Stone, Chief Justice

Sandee Bryan Marion, Justice Rebecca Simmons, Justice

Delivered and Filed: June 1, 2011 AFFIRMED

On June 29, 2010, appellant pled no contest to assault bodily injury-married and was granted deferred adjudication. About six months later, appellant pled true to violating a condition of his probation. The trial court allowed appellant the option of going to jail for a year, with forty-five days’ credit for time served, or remaining on probation, but staying at a substance abuse treatment facility for 120 days. Appellant said, “I’ll do the rehab.” Appellant filed a pro se notice of appeal.

On appeal, appellant’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). Appellant was informed of his right to review the record. Counsel provided defendant with a copy of the brief and advised him of his right to file a pro se brief. Appellant did not file a pro se brief. After reviewing the record and counsel’s brief, we agree that the appeal is frivolous and without merit. Accordingly, we affirm the trial court’s judgment, and we GRANT appellate counsel’s motion to withdraw. 1 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.).

Sandee Bryan Marion, Justice Do not publish