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Simpson v. State

Court of Appeals of Texas, Third District, Austin
Aug 29, 2003
No. 03-03-00244-CR (Tex. App. Aug. 29, 2003)

Opinion

No. 03-03-00244-CR.

Filed: August 29, 2003. DO NOT PUBLISH.

Appeal from the District Court of Bell County, 264th Judicial District No. 52594, Honorable Martha J. Trudo, Judge Presiding. Affirmed.

Before Chief Justice LAW, Justices KIDD and PATTERSON.


MEMORANDUM OPINION


Appellant Julius Von Erich Simpson waived his right to a jury trial and pleaded guilty to possessing more than four grams of cocaine with intent to deliver. Tex. Health Safety Code Ann. § 481.112(a), (d) (West Supp. 2003). The district court adjudged him guilty and assessed punishment at twenty years in prison. Appellant's court-appointed attorney filed a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967), by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See also Penson v. Ohio, 488 U.S. 75 (1988); High v. State, 573 S.W.2d 807 (Tex.Crim.App. 1978); Currie v. State, 516 S.W.2d 684 (Tex.Crim.App. 1974); Jackson v. State, 485 S.W.2d 553 (Tex.Crim.App. 1972); Gainous v. State, 436 S.W.2d 137 (Tex.Crim.App. 1969). A copy of counsel's brief was delivered to appellant, who was advised of his right to examine the appellate record and to file a pro se brief. No pro se brief has been filed. We have reviewed the record and counsel's brief and agree that the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. Counsel's motion to withdraw is granted. The judgment of conviction is affirmed.


Summaries of

Simpson v. State

Court of Appeals of Texas, Third District, Austin
Aug 29, 2003
No. 03-03-00244-CR (Tex. App. Aug. 29, 2003)
Case details for

Simpson v. State

Case Details

Full title:JULIUS VON ERICH SIMPSON, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Third District, Austin

Date published: Aug 29, 2003

Citations

No. 03-03-00244-CR (Tex. App. Aug. 29, 2003)