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Bryan v. State

Court of Appeals of Texas, Fourth District, San Antonio
Nov 15, 2023
No. 04-22-00757-CR (Tex. App. Nov. 15, 2023)

Opinion

04-22-00757-CR

11-15-2023

Skipper Jerome BRYAN, Jr., Appellant v. The STATE of Texas, Appellee


DO NOT PUBLISH

From the 218th Judicial District Court, Wilson County, Texas Trial Court No. CRW2011294 Honorable Lynn Ellison, Judge Presiding

Sitting: Beth Watkins, Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice

MEMORANDUM OPINION

Beth Watkins, Justice

AFFIRMED

Skipper Jerome Bryan, Jr. entered an open plea of guilty to burglary of a building, and the evidence established that he entered a storage unit that did not belong to him and stole items. The trial court assessed his sentence at two years in state jail. Bryan's court-appointed attorney filed a brief containing a professional evaluation of the record in accordance with Anders v. California, 386 U.S. 738 (1967). Counsel concludes that the appeal has no merit. Counsel provided Bryan 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.). Bryan did not file a pro se brief.

After reviewing 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 request to withdraw is granted. Nichols, 954 S.W.2d at 86; Bruns, 924 S.W.2d at 177 n.1. No substitute counsel will be appointed. Should Bryan wish to seek further review of this case by the Texas Court of Criminal Appeals, Bryan must either retain an attorney to file a petition for discretionary review or Bryan must file a pro se petition for discretionary review. Any petition for discretionary review must be filed within thirty days from the later of: (1) the date of this opinion; or (2) the date the last timely motion for rehearing is overruled by this court. See TEX. R. APP. P. 68.2. Any petition for discretionary review must be filed in the Texas Court of Criminal Appeals. See TEX. R. APP. P. 68.3. Any petition for discretionary review should comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 68.4.


Summaries of

Bryan v. State

Court of Appeals of Texas, Fourth District, San Antonio
Nov 15, 2023
No. 04-22-00757-CR (Tex. App. Nov. 15, 2023)
Case details for

Bryan v. State

Case Details

Full title:Skipper Jerome BRYAN, Jr., Appellant v. The STATE of Texas, Appellee

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

Date published: Nov 15, 2023

Citations

No. 04-22-00757-CR (Tex. App. Nov. 15, 2023)