Rosemary Lynn Bryan v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: February 1, 2023
• Docket: 04-21-00530-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION

No. 04-21-00530-CR

Rosemary Lynn BRYAN, Appellant

v.

The STATE of Texas, Appellee

From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2020CR5923W Honorable Ron Rangel, Judge Presiding

Opinion by: Patricia O. Alvarez, Justice

Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Lori I. Valenzuela, Justice

Delivered and Filed: February 1, 2023

AFFIRMED

Appellant Rosemary Lynn Bryan was charged with aggravated assault with a deadly

weapon. Bryan pleaded no contest to a reduced domestic violence assault charge and was placed

on community supervision for two years. Two months after she was placed on community

supervision, the State filed a motion to revoke, alleging that Bryan 1) failed to attend orientation

at the Bexar County Community Supervision and Corrections Department and 2) failed to report

to the Bexar County Community Supervision and Corrections Department Intake Unit in person

for the months of June and July 2020, as she was required to do. The following year, the State 04-21-00530-CR

filed an amended motion to revoke, additionally alleging that Bryan 1) committed the offense of

possession of a controlled substance, 2) committed the offense of failing to provide identification,

3) failed to report to the Bexar County Community Supervision and Corrections Department Intake

Unit for the months of August, September, October, November, and December 2020, 4) failed to

report to the Bexar County Community Supervision and Corrections Department Intake Unit for

the months of January, February, March, April, May, June, July, and August 2021, and 5)

possessed contraband in her home, vehicle, or on her person in violation of a condition of

community supervision. At a hearing on the State’s motion to revoke, Bryan pleaded true to the

allegation that she failed to report to the Bexar County Community Supervision and Corrections

Department Intake Unit in person for the months of June and July 2020, as she was required to do.

The trial court accepted Bryan’s plea of true and sentenced her to 76 days in jail with credit for

time served.

Bryan’s court-appointed appellate attorney filed a motion to withdraw and a brief in which

he raises no arguable issues and concludes the appeal is without merit. The brief meets the

requirements of Anders v. California, 386 U.S. 738 (1967), and High v. State, 573 S.W.2d 807

(Tex. Crim. App. 1978). Counsel provided proof Bryan was given: (1) a copy of the brief, (2) a

copy of the motion to withdraw, and (3) a motion to allow her to request the appellate record.

Counsel also informed Bryan of her right to file her own brief. Bryan did not file a response.

When an Anders brief is filed, we must review the entire record and: (1) determine the

appeal is without merit and issue an opinion stating there is no reversible error, or (2) determine

there are arguable grounds for appeal and issue an opinion remanding the cause to the trial court

for appointment of new appellate counsel. Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App.

2009) (citing Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005)).

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We have carefully reviewed the record and counsel’s brief. We find no reversible error

and agree with counsel the appeal is without merit. See id. We therefore grant the motion to

withdraw filed by Bryan’s appointed counsel and affirm the trial court’s judgment. See id.; Nichols

v. State, 954 S.W.2d 83, 86 (Tex. App.—San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d

176, 177 n.1 (Tex. App.—San Antonio 1996, no pet.).

No substitute counsel will be appointed. Should Bryan wish to seek further review of this

case in the Texas Court of Criminal Appeals, she must either retain an attorney to file a petition

for discretionary review or file a pro se petition for discretionary review. Any petition for

discretionary review must be filed within thirty days after either the day our judgment is rendered

or the day the last timely motion for rehearing or timely motion for en banc reconsideration is

overruled by this court. See TEX. R. APP. P. 68.2. Any petition for discretionary review must be

filed with the clerk of the Texas Court of Criminal Appeals. See id. R. 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. R. 68.4.

Patricia O. Alvarez, Justice

Do not publish

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