Bruce Lee Kittelson v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 3, 2024
• Docket: 04-22-00439-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION

No. 04-22-00439-CR

Bruce Lee KITTELSON, Appellant

v.

The STATE of Texas, Appellee

From the 25th Judicial District Court, Guadalupe County, Texas Trial Court No. 18-2753-CR-C Honorable Jessica Crawford, Judge Presiding

Opinion by: Rebeca C. Martinez, Chief Justice

Sitting: Rebeca C. Martinez, Chief Justice Irene Rios, Justice Liza A. Rodriguez, Justice

Delivered and Filed: July 3, 2024

AFFIRMED; MOTION TO WITHDRAW GRANTED

Appellant Bruce Lee Kittelson was convicted by a jury of murder, and the trial court

sentenced him to life imprisonment. See TEX. PENAL CODE ANN. §§ 12.32(a), 12.42(d), 19.02.

Appellant now appeals.

Appellant’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), and requested permission

to withdraw. Counsel concludes that this appeal is wholly frivolous and without merit. Counsel

provided appellant with a copy of the brief and informed appellant of his right to review the record 04-22-00439-CR

and to file his own brief. See Kelly v. State, 436 S.W.3d 313, 319 (Tex. Crim. App. 2014); 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.). Appellant

subsequently requested the record and filed a pro se brief. After appellant filed a brief, the State

filed its brief.

After reviewing the record, counsel’s brief, appellant’s pro se brief, and the State’s brief,

we conclude there is no reversible error and agree with counsel that the appeal is wholly frivolous.

See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005). Accordingly, the judgment

of the trial court is affirmed, and appellate counsel’s motion to withdraw is granted. 1 See Nichols,

954 S.W.2d at 86; Bruns, 924 S.W.2d at 177 n.1.

Rebeca C. Martinez, Chief Justice

DO NOT PUBLISH

1 No substitute counsel will be appointed. Should appellant 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. R. 68.3, and any such petition must comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure. See id. R. 68.4.

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