Jacob Randall Kirk v. the State of Texas

Opinion filed February 27, 2025

In The

Eleventh Court of Appeals
__________

No. 11-24-00147-CR
__________

JACOB RANDALL KIRK, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 106th District Court
Gaines County, Texas
Trial Court Cause No. 22-5884

MEMORANDUM OPINION
Appellant, Jacob Randall Kirk, was convicted by a jury of theft of a motor
vehicle with a value greater than $2,500 and less than $30,000, a state jail felony.
See TEX. PENAL CODE ANN. § 31.03(a), (e)(4) (West Supp. 2024). The jury assessed
Appellant’s punishment at confinement for eighteen months in the State Jail
Division of the Texas Department of Criminal Justice, and restitution in the amount
of $4,500. The trial court sentenced Appellant accordingly.
Appellant’s court-appointed counsel has filed a motion to withdraw in this
court. The motion is supported by a brief in which counsel professionally and
conscientiously examines the record and applicable law and concludes that there are
no arguable issues to present on appeal. See Anders v. California, 386 U.S. 738
(1967). Counsel has provided Appellant with a copy of the brief, a copy of the
motion to withdraw, an explanatory letter, and a copy of the clerk’s record,
supplemental clerk’s record, and reporter’s record. Counsel also advised Appellant
of his right to review the record and file a response to counsel’s brief, and of his right
to file a petition for discretionary review. See TEX. R. APP. P. 68. As such, court-
appointed counsel has complied with the requirements of Anders, 386 U.S. 738,
Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014), In re Schulman, 252 S.W.3d
403 (Tex. Crim. App. 2008), and Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App.
1991).
Appellant has not filed a pro se response to counsel’s Anders brief. Following
the procedures outlined in Anders and Schulman, we have independently reviewed
the record and agree with counsel that no arguable grounds for appeal exist.1
Accordingly, we grant counsel’s motion to withdraw, and affirm the judgment
of the trial court.

W. STACY TROTTER
JUSTICE
February 27, 2025
Do not publish. See TEX. R. APP. P. 47.2(b).
Panel consists of: Bailey, C.J.,
Trotter, J., and Williams, J.

1
Appellant has the right to file a petition for discretionary review pursuant to Rule 68 of the Texas
Rules of Appellate Procedure.

2