CourtListener 10848740•Jacob Wayne Peek v. the State of Texas
Full text
Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-24-00732-CR
Jacob Wayne PEEK,
Appellant
v.
The STATE of Texas,
Appellee
From the 81st Judicial District Court, Wilson County, Texas
Trial Court No. CRW2205120
Honorable Jennifer Dillingham, Judge Presiding
Opinion by: Irene Rios, Justice
Sitting: Rebeca C. Martinez, Chief Justice
Irene Rios, Justice
Lori I. Valenzuela, Justice
Delivered and Filed: April 22, 2026
AFFIRMED
Appellant Jacob Wayne Peek entered an open plea of no contest/nolo contendere and
signed written plea admonishments, waivers, and a judicial confession of guilt for committing
indecency with a child by sexual contact. Following a sentencing hearing, the trial court sentenced
Peek to twenty years’ imprisonment. Peek appeals. 1
1
During a combined plea proceeding, Peek also plead no contest/nolo contendere to the aggravated sexual assault of
a child pursuant to a plea agreement with the State in exchange for its recommendation to the trial court to cap his
punishment at thirty years in prison. After accepting the plea agreement, the trial court sentenced Peek to thirty years’
04-24-00732-CR
Peek’s court-appointed appellate counsel has filed a brief and motion to withdraw in
accordance with Anders v. California, 386 U.S. 738 (1967). With citations to the record and legal
authority, counsel’s brief explains why no arguable points of error exist for review and concludes
that this appeal is frivolous and without merit. See id. at 744-45; High v. State, 573 S.W.2d 807
(Tex. Crim. App. 1978).
The brief meets the requirements of Anders as it presents a professional evaluation showing
why there is no basis to advance an appeal. See Anders, 386 U.S. at 744–45; High, 573 S.W.2d at
812–13. In compliance with the requirements of Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App.
2014), counsel certified that he served copies of the brief and motion to withdraw on Peek and
informed Peek of his right to review, the procedure for obtaining the record, and file a pro se brief.
This court subsequently set a deadline for Peek to file a pro se brief. Peek then requested a copy
of the record, which this court provided to him. Subsequently, Peek filed a pro se brief, and the
State filed a brief in response.
We have reviewed the appellate record, the Anders brief, Peek’s pro se brief, and the State’s
brief. We conclude 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) (noting
court of appeals should not address merits of issues raised in Anders brief or pro se response but
should only determine if the appeal is frivolous). Therefore, we affirm the judgment of the trial
court and grant appellate counsel’s motion to withdraw. 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.).
imprisonment for the aggravated sexual assault of a child. The trial court ordered Peek’s twenty-year sentence for
indecency with a child by sexual contact herein to run consecutively to his thirty-year sentence for the aggravated
sexual assault of a child. Peek’s aggravated sexual assault of a child conviction is not at issue in this appeal; and
therefore, we do not address it any further.
-2-
04-24-00732-CR
No substitute counsel will be appointed. 2 Should Peek wish to seek further review 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 either the date of this opinion or from “the day the
last timely motion for rehearing or timely motion for en banc reconsideration was overruled by the
court of appeals.” See TEX. R. APP. P. 68.2. Any 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 must comply with the requirements of Rule 68.4 of the Texas Rules of
Appellate Procedure. See id. R. 68.4.
Irene Rios, Justice
DO NOT PUBLISH
2
We also deny Peek’s November 14, 2025 motion for appointment of new counsel.
-3-
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