Jack Laverne Buskirk v. State ( 2001 )

No. 04-99-00946-CR Jack Lavern BUSKIRK, Appellant v. The STATE of Texas, Appellee From the 25th Judicial District Court, Guadalupe County, Texas Trial Court No. 99-0259-CR Honorable Dwight E. Peschel, Judge Presiding

Opinion by: Catherine Stone, Justice

Sitting: Tom Rickhoff, Justice

Catherine Stone, Justice

Sarah B. Duncan, Justice

Delivered and Filed: January 3, 2001

AFFIRMED

Jack Lavern Buskirk ("Buskirk") pled guilty to several counts of aggravated sexual assault and sexual assault. Buskirk's judicial confession was introduced into evidence in support of his plea. See Watson v. State, 974 S.W.2d 763, 765 (Tex. App.--San Antonio 1998, no pet.). Buskirk was sentenced in accordance with the terms of his plea bargain agreement.

Buskirk's court-appointed appellate attorney filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), in which he concludes that the appeal has no merit. Counsel provided Buskirk with a copy of the brief and informed him of his right to review the record and file his own brief. See Nichols v. State, 954 S.W.2d 83, 85-86 (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.).

We have reviewed the record and counsel's brief. We agree that the appeal is frivolous and without merit. The judgment of the trial court is affirmed. Appellate counsel's motion to withdraw is granted. Nichols v. State, 954 S.W.2d at 86; Bruns 924 S.W.2d at 177, n.1.

Catherine Stone, Justice

DO NOT PUBLISH