Jamarious Oshae Geral v. the State of Texas

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-24-00149-CR

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JAMARIOUS OSHAE GERAL, Appellant V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 128th District Court Orange County, Texas

Trial Cause No. A230007-R

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MEMORANDUM OPINION

A jury found Appellant Jamarious Oshae Geral guilty of the first-degree felony offense of aggravated robbery. See Tex. Penal Code Ann. § 29.03. The jury assessed Geral’s punishment at seven years of imprisonment.

On appeal, Geral’s appellate counsel filed an Anders brief that presents counsel’s professional evaluation of the record and concludes the appeal is frivolous. See Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex.

Crim. App. 1978). On September 30, 2024, we granted an extension of time for Geral to file a pro se brief, and Geral filed no response.

Upon receiving an Anders brief, this Court must conduct a full examination of all the proceedings to determine whether the appeal is wholly frivolous. Penson v. Ohio, 488 U.S. 75, 80 (1988) (citing Anders, 386 U.S. at 744). We have reviewed the entire record and counsel’s brief, and we have found nothing that would arguably support the appeal. Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex. Crim. App. 2005) (“Due to the nature of Anders briefs, by indicating in the opinion that it considered the issues raised in the briefs and reviewed the record for reversible error but found none, the court of appeals met the requirements of Texas Rule of Appellate Procedure 47.1.”). Therefore, we find it unnecessary to order appointment of new counsel to re-brief the appeal. Cf. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court’s judgment.1 AFFIRMED.

JAY WRIGHT

Justice

Submitted on January 8, 2025 Opinion Delivered January 22, 2025 Do Not Publish

Before Golemon, C.J., Johnson and Wright, JJ.

1 Geral may challenge our decision in this case by filing a petition of discretionary review with the Texas Court of Criminal Appeals. See Tex. R. App. P. 68.