Jamarious Oshae Geral v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 22, 2025
• Docket: 09-24-00149-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

________________

NO. 09-24-00149-CR ________________

JAMARIOUS OSHAE GERAL, Appellant

V.

THE STATE OF TEXAS, Appellee

________________________________________________________________________

On Appeal from the 128th District Court Orange County, Texas Trial Cause No. A230007-R ________________________________________________________________________

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Submitted on January 8, 2025 Opinion Delivered January 22, 2025 Do Not Publish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