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Crew v. State

Court of Appeals of Texas, Fourth District, San Antonio
Jun 28, 2023
No. 04-22-00529-CR (Tex. App. Jun. 28, 2023)

Opinion

04-22-00529-CR

06-28-2023

Jenelius O. CREW, Appellant v. The STATE of Texas, Appellee


Do not publish

From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2017CR12785 Honorable Stephanie R. Boyd, Judge Presiding

Sitting: Patricia O. Alvarez, Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice

MEMORANDUM OPINION

LORI I. VALENZUELA, JUSTICE

Appellant, Jenelius Odell Crew, pled true to three violations of his community supervision and was sentenced to ten years' confinement.

The court-appointed appellate attorney for Crew filed a brief, which included a request to withdraw, in which he concludes this appeal is frivolous and without merit. The brief demonstrates a professional and thorough evaluation of the record and meets the requirements of Anders v. California, 87 S.Ct. 1396 (1967) and High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). Counsel sent copies of the brief, which included a request to withdraw, to Crew and informed him of his rights in compliance with the requirements of Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014). Crew was notified of his right to request a copy of the record and file a pro se brief. He did not file a pro se brief. See also Nichols v. State, 954 S.W.2d 83, 85-86 (Tex. App.-San Antonio 1997, no pet.) (per curiam); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.-San Antonio 1996, no pet.). We have thoroughly reviewed the record and counsel's brief. We find no arguable grounds for appeal exist and conclude the appeal is wholly frivolous. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We therefore grant the request to withdraw filed by appointed counsel and affirm the trial court's judgment. See id.; Nichols, 954 S.W.2d at 86; Bruns, 924 S.W.2d at 177 n.1.

No substitute counsel will be appointed. Should Crew wish to seek further review of this case by the Texas Court of Criminal Appeals, he must either retain an attorney to file a petition for discretionary review or must file a pro se petition for discretionary review. Any petition for discretionary review must be filed within thirty days from the date of either this opinion or the last timely motion for rehearing that is overruled by this court. See Tex. R. App. P. 68.2. Any petition for discretionary review must be filed in the Court of Criminal Appeals. See id. 68.3. Any petition for discretionary review must comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure. See id.


Summaries of

Crew v. State

Court of Appeals of Texas, Fourth District, San Antonio
Jun 28, 2023
No. 04-22-00529-CR (Tex. App. Jun. 28, 2023)
Case details for

Crew v. State

Case Details

Full title:Jenelius O. CREW, Appellant v. The STATE of Texas, Appellee

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

Date published: Jun 28, 2023

Citations

No. 04-22-00529-CR (Tex. App. Jun. 28, 2023)