Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-17-00182-CR
Darnell ROGERS,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2015CR12728
Honorable Kevin M. O'Connell, Judge Presiding
Opinion by: Patricia O. Alvarez, Justice
Sitting: Marialyn Barnard, Justice
Patricia O. Alvarez, Justice
Irene Rios, Justice
Delivered and Filed: June 13, 2018
AFFIRMED
On February 22, 2017, Appellant Darnell Rogers was found guilty by a Bexar County Jury
of one count of aggravated assault against a public servant, and subsequently assessed punishment
at thirty-two years confinement in the Institutional Division of the Texas Department of Criminal
Justice. This appeal ensued.
COURT-APPOINTED APPELLATE COUNSEL’S ANDERS BRIEF
Rogers’s court-appointed appellate attorney filed a brief containing a professional
evaluation of the record in accordance with Anders v. California, 386 U.S. 738 (1967); counsel
also filed a motion to withdraw. In appellate counsel’s brief, he recites the relevant facts with
04-17-00182-CR
citations to the record, analyzes the record with respect to allegations and the evidence presented
at trial, and accompanies the analysis with relevant legal authorities. Counsel concludes the appeal
is frivolous and without merit. See Nichols v. State, 954 S.W.2d 83, 85 (Tex. App.—San Antonio
1997, no pet.).
We conclude the brief meets the Anders requirements. See Anders, 386 U.S. at 744; see
also High v. State, 573 S.W.2d 807, 813 (Tex. Crim. App. [Panel Op.] 1978); Gainous v. State,
436 S.W.2d 137, 138 (Tex. Crim. App. 1969). Counsel provided Rogers with copies of the briefs
and counsel’s motion to withdraw, and informed Rogers of his right to review the record and file
a pro se brief. See Nichols, 954 S.W.2d at 85–86; see also Bruns v. State, 924 S.W.2d 176, 177
n.1 (Tex. App.—San Antonio 1996, no pet.). This court also advised Rogers of his right to request
a copy of the record and file a brief. See Kelly v. State, 436 S.W.3d 313, 319–20 (Tex. Crim. App.
2014). No additional briefing was filed in this court.
CONCLUSION
Having reviewed the entire record and court-appointed counsel’s Anders brief, we agree
with Rogers’ court-appointed appellate counsel that there are no arguable grounds for appeal and
the appeal is wholly frivolous and without merit. See Bledsoe v. State, 178 S.W.3d 824, 826–27
(Tex. Crim. App. 2005). We affirm the trial court’s judgment and grant appellate counsel’s motion
to withdraw. See Nichols, 954 S.W.2d at 85–86; Bruns, 924 S.W.2d at 177 n.1.
No substitute counsel will be appointed. Should Rogers 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 he 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 (1) this opinion or (2)
the last timely motion for rehearing or 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
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of the Texas Court of Criminal Appeals. Id. R. 68.3(a). Any petition for discretionary review
must comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure. Id.
R. 68.4.
Patricia O. Alvarez, Justice
DO NOT PUBLISH
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