Jenelius O. Crew v. the State of Texas

Court of Appeals of Texas·Decided June 28, 2023·No. 04-22-00529-CR·Published

Opinion

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

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
Bledsoe v. State
178 S.W.3d 824 (Court of Criminal Appeals of Texas, 2005)
High v. State
573 S.W.2d 807 (Court of Criminal Appeals of Texas, 1978)
Bruns v. State
924 S.W.2d 176 (Court of Appeals of Texas, 1996)
Nichols v. State
954 S.W.2d 83 (Court of Appeals of Texas, 1997)
Kelly, Sylvester
436 S.W.3d 313 (Court of Criminal Appeals of Texas, 2014)