Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-12-00370-CR
Jesus Jaime JIMENEZ,
Appellant
v.
The STATE of
The STATE of Texas,
Appellee
From the 198th Judicial District Court, Kerr County, Texas
Trial Court No. B91-53
Honorable Emil Karl Prohl, Judge Presiding
Opinion by: Marialyn Barnard, Justice
Sitting: Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: May 22, 2013
MOTION TO WITHDRAW GRANTED; AFFIRMED
In 1991, pursuant to a plea bargain agreement, appellant Jesus Jaime Jimenez pleaded
guilty to the offense of burglary of a habitation. The trial court, in accordance with the plea
agreement, deferred a finding of guilt and placed Jimenez on community supervision for a period
of ten years. In 1998, the State alleged Jimenez had violated one or more terms of his deferred
adjudication community supervision. The trial court agreed, adjudicated Jimenez guilty, and
placed him on regular community supervision for a period of ten years. In 2005, the State filed a
motion to revoke, and the trial found Jimenez had violated several conditions of his community
04-12-00370-CR
supervision. The trial court continued the community supervision, but ordered Jimenez to serve
one hundred and twenty days in the Kerr County Jail as a condition of his community
supervision. Jimenez did not appeal from that judgment.
In 2006, the State filed a document entitled “Amended Motion to Revoke Probation,”
alleging Jimenez had again violated several conditions of his probation. After a hearing, the trial
court granted the motion, revoked Jimenez’s community supervision, and sentenced him to ten
years confinement in the Texas Department of Criminal Justice–Institutional Division. Jimenez
appealed, but this court dismissed the attempted appeal for want of jurisdiction because Jimenez
failed to file a timely notice of appeal. Jimenez v. State, No. 04-06-00399-CR, 2007 WL
1752175 (Tex. App.—San Antonio June 20, 2007, no pet.) (mem. op.) (not designated for
publication). Ultimately, Jimenez filed a writ of habeas corpus with the Texas Court of Criminal
Appeals, seeking an out-of-time appeal. The court granted the requested relief. See Ex parte
Jimenez, No. AP-76785, 2012 WL 1442435 (Tex. Crim. App. May 2, 2012) (not designated for
publication). This out-of-time appeal is the one currently before the court.
Jimenez’s court-appointed appellate attorney filed a motion to withdraw and a brief in
which he raises no arguable points of error and concludes this appeal is frivolous and without
merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967), High v.
State, 573 S.W.2d 807 (Tex. Crim. App. 1978), and Gainous v. State, 436 S.W.2d 137 (Tex.
Crim. App. 1969). Admittedly, Jimenez was given a copy of the brief and motion to withdraw
and was informed of his right to review the record and file his own brief. Jimenez filed an
extension of time to file the brief, and the information in that motion establishes Jimenez was
informed of his right to file the brief, and further establishes Jimenez obtained a copy of the
appellate record. Ultimately, however, Jimenez never filed a brief.
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04-12-00370-CR
After reviewing the record and counsel’s brief, we find no reversible error and agree with
counsel the appeal is wholly frivolous. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex.
Crim. App. 2005). We therefore grant the motion to withdraw filed by Jimenez’s 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 Jimenez wish to seek further review of
this case in the Texas Court of Criminal Appeals, he 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.
Marialyn Barnard, Justice
Do Not Publish
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