NUMBER 13-20-00190-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG 

 

SEAN RODRIGUEZ OSBORN, Appellant,

v.

THE STATE OF TEXAS, Appellee.

 

On appeal from the 216th District Court 

of Kerr County, Texas.

 

MEMORANDUM OPINION

Before Justices Benavides, Longoria, and Tijerina

Memorandum Opinion by Justice Tijerina

Appellant Sean Rodriguez Osborn appeals his conviction of two counts of

aggravated assault of a public servant, with a deadly weapon finding, a first-degree felony 

offense.

1 See TEX. PENAL CODE ANN. § 22.02(b)(2)(B). The jury sentenced Osborn to 

1 This cause was tried to the jury along with three other charged offenses. Those offenses include, 

appellate cause number 13-20-00189-CR, which is for possession of a controlled substance, and two other 
2

concurrent terms of twenty years’ confinement. Osborn’s court-appointed attorney has 

filed an Anders brief. See Anders v. California, 386 U.S. 738, 744 (1967). We affirm.2

I. ANDERS BRIEF

Pursuant to Anders v. California, Osborn’s court-appointed appellate counsel has 

filed a brief and a motion to withdraw with this Court, stating that his review of the record 

yielded no grounds of reversible error upon which an appeal can be predicated. See id.

Counsel’s brief meets the requirements of Anders as it presents a professional evaluation 

demonstrating why there are no arguable grounds to advance on appeal. See In re 

Schulman, 252 S.W.3d 403, 407 n.9 (Tex. Crim. App. 2008) (“In Texas, an Anders brief 

need not specifically advance ‘arguable’ points of error if counsel finds none, but it must 

provide record references to the facts and procedural history and set out pertinent legal 

authorities.”) (citing Hawkins v. State, 112 S.W.3d 340, 343–44 (Tex. App.—Corpus 

Christi–Edinburg 2003, no pet.)); Stafford v. State, 813 S.W.2d 503, 510 n.3 (Tex. Crim. 

App. 1991).

In compliance with High v. State, 573 S.W.2d 807, 813 (Tex. Crim. App. [Panel 

Op.] 1978) and Kelly v. State, 436 S.W.3d 313, 319–22 (Tex. Crim. App. 2014), Osborn’s 

counsel carefully discussed why, under controlling authority, there is no reversible error 

in the trial court’s judgment. Osborn’s counsel has also informed this Court that Osborn 

has been (1) notified that counsel has filed an Anders brief and a motion to withdraw; (2) 

provided with copies of both pleadings; (3) informed of his rights to file a pro se response, 

causes not before this Court and not at issue in this appeal.

2 The Fourth Court of Appeals in San Antonio, Texas transferred this cause to our Court pursuant 

to a docket equalization order from the Supreme Court of Texas. See TEX. GOV’T CODE ANN. § 73.001.
3

review the record preparatory to filing that response, and seek discretionary review if we 

conclude that the appeal is frivolous; and (4) provided with a form motion for pro se access 

to the appellate record with instructions to file the motion within ten days. See Anders, 

386 U.S. at 744; Kelly, 436 S.W.3d at 319–20, Stafford, 813 S.W.2d at 510 n.3; see also 

In re Schulman, 252 S.W.3d at 409 n.23. More than an adequate period of time has 

passed, and Osborn has not filed a pro se response.3

II. INDEPENDENT REVIEW

Upon receiving an Anders brief, we must conduct a full examination of all the 

proceedings to determine whether the case is wholly frivolous. Penson v. Ohio, 488 U.S. 

75, 80 (1988). We have reviewed the entire record and counsel’s brief, and we have found 

nothing that would arguably support an appeal. See id. at 827–28 (“Due to the nature of 

Anders briefs, by indicating in the opinion that it considered the issues raised in the briefs 

and reviewed the record for reversible error but found none, the court of appeals met the 

requirement of Texas Rule of Appellate Procedure 47.1.”); Stafford, 813 S.W.2d at 509.

III. MOTION TO WITHDRAW

In accordance with Anders, Osborn’s attorney has asked this Court for permission 

to withdraw as counsel. See Anders, 386 U.S. at 744; see also In re Schulman, 252 

S.W.3d at 408 n.17 (citing Jeffery v. State, 903 S.W.2d 776, 779–80 (Tex. App.—Dallas 

1995, no pet.) (“[I]f an attorney believes the appeal is frivolous, he must withdraw from 

3 The Texas Court of Criminal Appeals has held that “the pro se response need not comply with 

the rules of appellate procedure in order to be considered. Rather, the response should identify for the court 

those issues which the indigent appellant believes the court should consider in deciding whether the case 

presents any meritorious issues.” In re Schulman, 252 S.W.3d 403, 409 n.23 (Tex. Crim. App. 2008) 

(quoting Wilson v. State, 955 S.W.2d 693, 696–97 (Tex. App.—Waco 1997, no pet.)).
4

representing the appellant. To withdraw from representation, the appointed attorney must 

file a motion to withdraw accompanied by a brief showing the appellate court that the 

appeal is frivolous.”) (citations omitted)). We grant counsel’s motion to withdraw. Within 

five days of the date of this Court’s opinion, counsel is ordered to send a copy of this 

opinion and this Court’s judgment to Osborn and to advise him of his right to file a petition 

for discretionary review.4 See TEX. R. APP. P. 48.4; see also In re Schulman, 252 S.W.3d 

at 412 n.35; Ex parte Owens, 206 S.W.3d 670, 673 (Tex. Crim. App. 2006).

IV. CONCLUSION

We affirm the trial court’s judgment.

JAIME TIJERINA

Justice

Do not publish.

TEX. R. APP. P. 47.2(b). 

Delivered and filed on the

28th day of October, 2021.

4 No substitute counsel will be appointed. Should Osborn 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 file a pro se petition for discretionary review. Any petition for discretionary review must be filed 

within thirty days from the date of either this opinion or the last timely motion for rehearing or timely motion 

for en banc reconsideration that was overruled by this Court. See TEX. R. APP. P. 68.2. A 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 should comply with the requirements of Texas Rule of Appellate 

Procedure 68.4. See id. R. 68.4.