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CANO v. STATE

Court of Appeals of Texas, Fourth District, San Antonio
Jan 11, 2006
No. 4-05-00092-CR (Tex. App. Jan. 11, 2006)

Opinion

No. 4-05-00092-CR

Delivered and Filed: January 11, 2006. DO NOT PUBLISH.

Appeal from the County Court at Law No. 6, Bexar County, Texas, Trial Court No. 852082, Honorable Philip Meyer, Judge Presiding. Affirmed.

Sitting: Sarah B. DUNCAN, Justice, Phylis J. SPEEDLIN, Justice, Rebecca SIMMONS, Justice.


MEMORANDUM OPINION


Andres Cano was convicted by a jury of misdemeanor assault, after an altercation with a motorist. Cano was sentenced to 180 days in the Bexar County Jail, probated for 12 months and fined $350.00. We affirm the judgment of the trial court. Cano'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). A copy of counsel's brief was delivered to Cano, who was advised of his right to examine the record and to file a pro se brief. See Nichols v. State, 954 S.W.2d 83, 85-86 (Tex.App.-San Antonio 1997, no pet.); see also Bruns v. State, 924 S.W.2d 176, 177 n. 1 (Tex.App.-San Antonio 1996, no pet.). Cano filed a pro se brief making several assertions. Specifically, Cano asserts that: (1) he was denied due process of law; (2) the prosecution withheld and denied Cano access to an exculpatory witness; (3) the evidence was insufficient and inconclusive; and (4) errors occurred during voir dire. We have reviewed the record, counsel's brief and Cano's pro se brief. We agree that the appeal is frivolous and without merit. We find nothing in the record that arguably supports the appeal. See Bledsoe v. State, No. PD-300-04, 2005 WL 3057799 (Tex.Crim.App. Nov. 16, 2005). The judgment of the trial court is affirmed. Appellate counsel's motion to withdraw is granted. Nichols, 954 S.W.2d at 86; Bruns, 924 S.W.2d at 177 n. 1.


Summaries of

CANO v. STATE

Court of Appeals of Texas, Fourth District, San Antonio
Jan 11, 2006
No. 4-05-00092-CR (Tex. App. Jan. 11, 2006)
Case details for

CANO v. STATE

Case Details

Full title:ANDRES CANO, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Jan 11, 2006

Citations

No. 4-05-00092-CR (Tex. App. Jan. 11, 2006)

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