Jerry Lovelady v. State ( 2010 )

i i i i i i
MEMORANDUM OPINION
No. 04-09-00366-CR
Jerry Lee LOVELADY,
Appellant
v.
The STATE of Texas,
Appellee
From the 25th Judicial District Court, Guadalupe County, Texas
Trial Court No. 07-1243-CR
Honorable Dwight E. Peschel, Judge Presiding
Opinion by: Catherine Stone, Chief Justice
Sitting: Catherine Stone, Chief Justice
Phylis J. Speedlin, Justice
Marialyn Barnard, Justice
Delivered and Filed: April 14, 2010
AFFIRMED
After admitting that he violated several conditions of his community supervision, Jerry Lee
Lovelady’s guilt was adjudicated on four counts of indecency with a child, and he was sentenced to
two consecutive terms of twenty years confinement. Lovelady’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 Lovelady with
04-09-00366-CR
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.). Lovelady 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 motion to withdraw
is granted. Nichols v. State, 954 S.W.2d at 86; Bruns 924 S.W.2d at 177 n.1. No substitute counsel
will be appointed. Should Lovelady wish to seek further review of this case by the Texas Court of
Criminal Appeals, Lovelady must either retain an attorney to file a petition for discretionary review
or Lovelady 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 with this court, after which it will be forwarded to the Texas Court of Criminal
Appeals. See TEX . R. APP . P. 68.3, 68.7. 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
Catherine Stone, Chief Justice
DO NOT PUBLISH
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