Jenelius O. Crew v. the State of Texas ( 2023 )


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  •                                Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    No. 04-22-00529-CR
    Jenelius O. CREW,
    Appellant
    v.
    The STATE of Texas,
    Appellee
    From the 187th Judicial District Court, Bexar County, Texas
    Trial Court No. 2017CR12785
    Honorable Stephanie R. Boyd, Judge Presiding
    Opinion by:       Lori I. Valenzuela, Justice
    Sitting:          Patricia O. Alvarez, Justice
    Liza A. Rodriguez, Justice
    Lori I. Valenzuela, Justice
    Delivered and Filed: June 28, 2023
    AFFIRMED
    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
    04-22-00529-CR
    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.
    Lori I. Valenzuela, Justice
    Do not publish
    -2-
    

Document Info

Docket Number: 04-22-00529-CR

Filed Date: 6/28/2023

Precedential Status: Precedential

Modified Date: 7/4/2023