Adrian Simon v. State ( 2015 )

Opinion issued November 17, 2015
In The
Court of Appeals
For The
First District of Texas
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NO. 01-14-00373-CR
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ADRIAN SIMON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 228th District Court
Harris County, Texas
Trial Court Case No. 1406854
MEMORANDUM OPINION
A jury convicted appellant Adrian Simon of the offense of aggravated
assault of a family member. See TEX. PENAL CODE ANN. § 22.02 (West 2011).
After he pleaded true to enhancement paragraphs, the jury assessed his punishment
at imprisonment for life. See id. § 12.42(c)(1) (West 2011) (providing punishment
range for repeat and habitual felony offender convicted of first-degree felony with
prior first-degree felony convictions); § 22.02(b)(1) (providing that aggravated
assault of family member is first degree felony). Appellant timely filed a notice of
appeal.
Appellant’s appointed counsel on appeal has filed a motion to withdraw,
along with a brief stating that the record presents no reversible error and the appeal
is without merit and is frivolous. See Anders v. California, 386 U.S. 738, 87 S. Ct.
1396 (1967).
Counsel’s brief meets the Anders requirements by presenting a professional
evaluation of the record and supplying us with references to the record and legal
authority. Id. at 744, 87 S. Ct. at 1400; see also High v. State, 573 S.W.2d 807,
812–13 (Tex. Crim. App. 1978). Counsel indicates that she has thoroughly
reviewed the record and is unable to advance any grounds of error that warrant
reversal. See Anders, 386 U.S. at 744, 87 S. Ct. at 1400; Mitchell v. State, 193
S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.). Counsel has also
informed us that she delivered a copy of the appellate record and the brief to
appellant and informed of his right to file a response. See In re Shulman, 252
S.W.3d 403, 408 (Tex. Crim. App. 2008); see also Kelly v. State, 436 S.W.3d 313,
319 (Tex. Crim. App. 2014) (holding that appellate counsel who files Anders brief
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must “take concrete measures to initiate and facilitate the process of actuating his
client’s right to review the appellate record, if that is what the client wishes”).
In his pro se response, appellant argues, among other things, that the
evidence was insufficient to support his conviction, that he received ineffective
assistance of counsel, and that the trial court erred in admitting evidence of the
knife allegedly used in the assault.
We have independently reviewed the entire record in this appeal, and we
conclude that no reversible error exists in the record, there are no arguable grounds
for review, and the appeal is frivolous. See Anders, 386 U.S. at 744, 87 S. Ct. at
1400 (emphasizing that reviewing court—and not counsel—determines, after full
examination of proceedings, whether appeal is wholly frivolous); Garner v. State,
300 S.W.3d 763, 767 (Tex. Crim. App. 2009) (reviewing court must determine
whether arguable grounds for review exist); Bledsoe v. State, 178 S.W.3d 824,
826–27 (Tex. Crim. App. 2005) (same); Mitchell, 193 S.W.3d at 155 (reviewing
court determines whether arguable grounds exist by reviewing entire record). We
note that an appellant may challenge a holding that there are no arguable grounds
for appeal by filing a petition for discretionary review in the Texas Court of
Criminal Appeals. See Bledsoe, 178 S.W.3d at 827 & n.6.
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We affirm the judgment of the trial court and grant counsel’s motion to
withdraw. 1 Attorney Angela Cameron must immediately send appellant the
required notice and file a copy of the notice with the Clerk of this Court. See TEX.
R. APP. P. 6.5(c).
PER CURIAM
Panel consists of Justices Keyes, Massengale, and Lloyd.
Do not publish. TEX. R. APP. P. 47.2(b).
1
Appointed counsel still has a duty to inform appellant of the result of this appeal
and 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) (per curiam).
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