Jerry Paul Rose v. The State of TexasAppeal from 198th Judicial District Court of Kerr County (memorandum opinion by chief justice stone)
Annotate this Case
Download PDF
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 Rose s guilt was adjudicated, his community supervision was revoked, and he was sentenced to consecutive sentences of ten years and eight years imprisonment.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 courtappointed 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 -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
