DocketNumber： 05-12-00666-CR
Filed Date： 5/31/2013
Status： Precedential
Modified Date： 10/16/2015
AFFIRM; and Opinion Filed May 31, 2013. In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-00666-CR JAMES MATTHEW SIMMONS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 7 Dallas County, Texas Trial Court Cause No. F10-41217-Y MEMORANDUM OPINION Before Justices O’Neill, Francis, and Fillmore Opinion by Justice Fillmore James Matthew Simmons waived a jury and pleaded guilty to intoxication manslaughter. See TEX. PENAL CODE ANN. § 49.08(a) (West 2011). Pursuant to a plea agreement, the trial court assessed punishment at ten years’ imprisonment, probated for ten years, and a $2,000 fine. The State later moved to revoke Simmons’ community supervision, alleging he violated several conditions of the community supervision. The trial court found the State’s allegations true, revoked Simmons’ community supervision, and assessed punishment at seven years’ imprisonment. On appeal, Simmons’ attorney filed a brief in which she concludes the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California,386 U.S. 738
(1967). The brief presents a professional evaluation of the record showing why, in effect, there are no arguable grounds to advance. See High v. State,573 S.W.2d 807
, 811 (Tex. Crim. App. [Panel Op.] 1978). Counsel delivered a copy of the brief to Simmons. We advised Simmons of his right to file a pro se response, but he did not file a pro se response. We have reviewed the record and counsel’s brief. See Bledsoe v. State,178 S.W.3d 824
, 827 (Tex. Crim. App. 2005) (explaining appellate court’s duty in Anders cases). We agree the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. We affirm the trial court’s judgment revoking community supervision. /Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE Do Not Publish TEX. R. APP. P. 47 120666F.U05 -2- Court of Appeals Fifth District of Texas at Dallas JUDGMENT JAMES MATTHEW SIMMONS, Appeal from the Criminal District Court Appellant No. 7 of Dallas County, Texas (Tr.Ct.No. F10-41217-Y). No. 05-12-00666-CR V. Opinion delivered by Justice Fillmore, Justices O’Neill and Francis participating. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED. Judgment entered May 31, 2013. /Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE -3-