James C. Leija v. State

MEMORANDUM OPINION

No. 04-11-00824-CR

James C. LEIJA,

Appellant v.

The STATE of Texas,

Appellee

From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2011CR7273

Honorable Mary D. Roman, Judge Presiding Opinion by: Sandee Bryan Marion, Justice

Sitting: Catherine Stone, Chief Justice

Sandee Bryan Marion, Justice

Rebecca Simmons, Justice

Delivered and Filed: December 5, 2012

AFFIRMED; MOTION TO WITHDRAW GRANTED

Appellant pled no contest, pursuant to an open plea, to two counts of aggravated sexual assault of a child. The trial court assessed punishment at fifty-five years’ confinement. 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 and 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 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Sandee Bryan Marion, Justice Do not publish