Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
Nos. 04-13-00727-CR & 04-13-00728-CR
Jerry Paul ROSE,
Appellant
v.
The STATE of TexasAppellee
The STATE of Texas,
Appellee
From the 198th Judicial District Court, Kerr County, Texas
Trial Court Nos. B09-410 & B09-540
Honorable M. Rex Emerson, Judge Presiding
Opinion by: Catherine Stone, Chief Justice
Sitting: Catherine Stone, Chief Justice
Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Delivered and Filed: July 9, 2014
AFFIRMED
In 2010, Jerry Paul Rose was placed on eight years deferred adjudication community
supervision for aggravated assault with a deadly weapon and eight years community supervision
for possession of a controlled substance in a drug-free zone. In 2013, Rose pled true to committing
four additional criminal offenses among other violations of the terms of his community
supervision. Rose’s guilt was adjudicated, his community supervision was revoked, and he was
sentenced to consecutive sentences of ten years and eight years imprisonment. Rose’s court-
appointed attorney filed a brief containing a professional evaluation of the record in accordance
04-13-00727-CR & 04-13-00728-CR
with Anders v. California, 386 U.S. 738 (1967). Counsel concludes that the appeals have no merit.
Counsel provided Rose 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. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—San Antonio 1996, no pet.). Rose
did not file a pro se brief.
After reviewing the record and counsel’s brief, we agree that the appeals are frivolous and
without merit. The judgments of the trial court are 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 Rose wish to seek further review of this case by the Texas Court
of Criminal Appeals, Rose must either retain an attorney to file a petition for discretionary review
or Rose 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.
Catherine Stone, Chief Justice
DO NOT PUBLISH
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