Jacob Charles Smith v. The State of Texas Appeal from 451st Judicial District Court of Kendall County (memorandum opinion)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION Nos. 04-20-00205-CR, 04-20-00206-CR, 04-20-00207-CR Jacob Charles SMITH, Appellant v. The STATE of Texas, Appellee From the 451st Judicial District Court, Kendall County, Texas Trial Court Nos. 6596, 6597, 6598 Honorable Stephen B. Ables, Judge Presiding Opinion by: Beth Watkins, Justice Sitting: Irene Rios, Justice Beth Watkins, Justice Lori I. Valenzuela, Justice Delivered and Filed: November 3, 2021 MOTION TO WITHDRAW GRANTED; AFFIRMED Appellant Jacob Charles Smith entered a plea of guilty to possession of an illegal weapon, and not guilty to two counts of aggravated assault of a public servant with a deadly weapon. A jury convicted him of all three counts and sentenced him to ten years on the possession count and ninety-nine years on each of the assault counts. Smith’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 the appeal has no merit. Counsel provided Smith with a copy of the brief and informed him of his right to 04-20-00205-CR, 04-20-00206-CR, 04-20-00207-CR 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.). Smith did not file a pro se brief. After reviewing the record and counsel’s brief, we agree 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 Smith 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 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 id. R. 68.3. Any petition for discretionary review should comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure. See id. R. 68.4. Beth Watkins, Justice DO NOT PUBLISH -2-
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