Opinion
No. 04-05-00736-CV
Delivered and Filed: July 12, 2006.
Appeal from the 289th Judicial District Court, Bexar County, Texas, Trial Court No. 2005-Juv-00448, Honorable Carmen Kelsey, Judge Presiding.
Affirmed.
Sitting: Alma L. LÓPEZ, Chief Justice, Catherine STONE, Justice, Sandee Bryan MARION, Justice.
MEMORANDUM OPINION
A jury found L.M., a juvenile, engaged in delinquent conduct by committing the offense of possession of a controlled substance (cocaine), in an amount less than one gram. The trial court placed L.M. on probation for a period of twelve months. The State filed a motion to modify disposition alleging L.M. violated the terms of his probation, namely leaving his home without the permission of his parent/guardian or probation officer, not following the curfew set by the court, not attending school every day and following school rules, and not submitting to drug testing at the request of his probation officer. At the hearing on the State's motion, L.M. pled true to the allegations that he violated his curfew and left his home without permission. L.M. pled not true to the allegations that he did not attend school every day and failed to submit himself to drug testing. The trial court found the four probation violations true and committed L.M. to the Texas Youth Commission. L.M. filed his notice of appeal.
L.M.'s court-appointed appellate counsel filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), in which he concludes that the appeal has no merit. See In re A.L.H., 974 S.W.2d 359, 360-61 (Tex.App.-San Antonio 1998, no pet.) (holding Anders applicable in a juvenile appeal). Counsel provided L.M. and his guardian with a copy of the brief and informed them of L.M.'s right to review the record and file his own brief. Bruns v. State, 924 S.W.2d 176, 177 n. 1 (Tex.App.-San Antonio 1996, no pet.); see also In re A.L.H., 974 S.W.2d at 360-61 (noting appointed counsel must give notice to both juvenile and juvenile's guardian).
We have reviewed the record and counsel's brief and agree that the appeal is frivolous and without merit. The judgment of the trial court is affirmed. Furthermore, we grant the motion to withdraw. Nichols v. State, 954 S.W.2d 83, 86 (Tex.App.-San Antonio 1997, no pet.); Bruns, 924 S.W.2d at 177, n. 1.