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Casey Brizendine v. State ( 2006 )


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  • MEMORANDUM OPINION

    No. 04-05-00261-CR

    Casey BRIZENDINE,

    Appellant

    v.

    The STATE of Texas,

    Appellee

    From the 227th Judicial District Court, Bexar County, Texas

    Trial Court No. 2002-CR-7376

    Honorable Philip A. Kazen, Jr., Judge Presiding


    Opinion by: Sarah B. Duncan, Justice

    Sitting: Sarah B. Duncan, Justice

    Phylis J. Speedlin, Justice

    Rebecca Simmons, Justice

    Delivered and Filed: May 17, 2006

    MOTION TO WITHDRAW GRANTED; AFFIRMED

    Casey Brizendine pleaded nolo contendere to possession of a controlled substance in exchange for the State's recommendation that adjudication be deferred. Pursuant to the plea agreement, the trial court deferred adjudication and placed Brizendine on community supervision for a period of three years. The State later filed a motion to adjudicate guilt, alleging Brizendine violated various conditions of his community supervision. Brizendine pleaded true to four alleged violations. The trial court adjudicated Brizendine guilty and sentenced him to two years in the Texas Department of Criminal Justice - State Jail Division.

    Brizendine's court-appointed appellate attorney filed a motion to withdraw and a brief in which he raises no arguable points of error and concludes this appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967), High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978), and Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). Counsel states Brizendine was provided a copy of the brief and motion to withdraw. Brizendine was informed of his right to review the record and file his own brief but has not done so.

    After reviewing the record and counsel's brief, we find no reversible error and agree with counsel the appeal is wholly frivolous. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We therefore grant the motion to withdraw filed by Brizendine's counsel and affirm the trial court's judgment. See id.; 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.).

    Sarah B. Duncan , Justice

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