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Simon v. State

Court of Appeals of Texas, First District, Houston
Jun 30, 2005
No. 01-04-00898-CR (Tex. App. Jun. 30, 2005)

Opinion

No. 01-04-00898-CR

Opinion issued June 30, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 337th District Court, Harris County, Texas, Trial Court Cause No. 964945.

Panel consists of Chief Justice RADACK, and Justices JENNINGS and HANKS.


MEMORANDUM OPINION


A jury was impaneled and appellant, Herbert James Simon, pleaded guilty to the offense of aggravated robbery. The jury found appellant guilty and assessed his punishment at confinement for 25 years. We affirm. Appellant's court-appointed counsel filed a brief concluding that the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967), by presenting a professional evaluation of the record and demonstrating why there are no arguable grounds of error to be advanced. See High v. State, 573 S.W.2d 807, 811 (Tex.Crim.App. 1978); Moore v. State, 845 S.W.2d 352, 353 (Tex.App.-Houston [1st Dist.] 1992, pet. ref'd). The brief states that a copy was delivered to appellant, whom counsel advised by letter of his right to examine the appellate record and file a pro se brief. See Stafford v. State, 813 S.W.2d 503, 510 (Tex.Crim.App. 1991). More than 30 days have passed, and appellant has not filed a pro se brief. We have carefully reviewed the record and counsel's brief. We find no reversible error in the record, and agree that the appeal is wholly frivolous. We affirm the judgment of the trial court.

Counsel has a duty to inform appellant of the result of this appeal and also to inform appellant that he may, on his own, pursue discretionary review in the Texas Court of Criminal Appeals. See Ex parte Wilson, 956 S.W.2d 25, 27 (Tex.Crim.App. 1997).


Summaries of

Simon v. State

Court of Appeals of Texas, First District, Houston
Jun 30, 2005
No. 01-04-00898-CR (Tex. App. Jun. 30, 2005)
Case details for

Simon v. State

Case Details

Full title:HERBERT JAMES SIMON, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, First District, Houston

Date published: Jun 30, 2005

Citations

No. 01-04-00898-CR (Tex. App. Jun. 30, 2005)