Jon Clark Simpson v. State ( 1999 )


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    TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN






    NO. 03-99-00281-CR


    Jon Clark Simpson, Appellant


    v.



    The State of Texas, Appellee






    FROM THE DISTRICT COURT OF IRION COUNTY, 51ST JUDICIAL DISTRICT

    NO. CR95-017, HONORABLE BARBARA L. WALTHER, JUDGE PRESIDING


    Jon Clark Simpson appeals from an order revoking community supervision. The underlying offense is sexual assault of a child. See Tex. Penal Code Ann. § 22.011 (West 1994 & Supp. 1999). The punishment is imprisonment for ten years.

    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 advancing a contention counsel says might arguably support the appeal.  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, and appellant 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. A discussion of the contention advanced in counsel's brief would serve no beneficial purpose.

    The order revoking community supervision is affirmed.





    Mack Kidd, Justice

    Before Justices Jones, Kidd and Patterson

    Affirmed

    Filed: November 18, 1999

    Do Not Publish