Skipper Jerome Bryan, Jr. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: November 15, 2023
• Docket: 04-22-00757-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION

No. 04-22-00757-CR

Skipper Jerome BRYAN, Jr., Appellant

v.

The STATE of Texas, Appellee

From the 218th Judicial District Court, Wilson County, Texas Trial Court No. CRW2011294 Honorable Lynn Ellison, Judge Presiding

Opinion by: Beth Watkins, Justice

Sitting: Beth Watkins, Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice

Delivered and Filed: November 15, 2023

AFFIRMED

Skipper Jerome Bryan, Jr. entered an open plea of guilty to burglary of a building, and the

evidence established that he entered a storage unit that did not belong to him and stole items. The

trial court assessed his sentence at two years in state jail. Bryan’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). Counsel concludes that the appeal has no merit. Counsel provided Bryan

with a copy of the brief and informed him of his right to review the record and file his own brief.

See Nichols v. State, 954 S.W.2d 83, 85–86 (Tex. App.—San Antonio 1997, no pet.); Bruns v. 04-22-00757-CR

State, 924 S.W.2d 176, 177 n.1 (Tex. App.—San Antonio 1996, no pet.). Bryan did not file a pro

se brief.

After reviewing the record and counsel’s brief, we agree that the appeal is frivolous and

without merit. The judgment of the trial court is affirmed. Appellate counsel’s request to withdraw

is granted. Nichols, 954 S.W.2d at 86; Bruns, 924 S.W.2d at 177 n.1. No substitute counsel will

be appointed. Should Bryan wish to seek further review of this case by the Texas Court of Criminal

Appeals, Bryan must either retain an attorney to file a petition for discretionary review or Bryan

must file a pro se petition for discretionary review. Any petition for discretionary review must be

filed within thirty days from the later of: (1) the date of this opinion; or (2) the date the last timely

motion for rehearing is overruled by this court. See TEX. R. APP. P. 68.2. Any petition for

discretionary review must be filed in the Texas Court of Criminal Appeals. See TEX. R. APP. P.

68.3. Any petition for discretionary review should comply with the requirements of Rule 68.4 of

the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 68.4.

Beth Watkins, Justice

DO NOT PUBLISH

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