Herbert James Simon v. State

Opinion issued June 30, 2005












In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-04-00898-CR

____________


HERBERT JAMES SIMON, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 337th District Court

Harris County, Texas

Trial Court Cause No. 964945




 

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.

                                                     PER CURIAM

Panel consists of Chief Justice Radack, and Justices Jennings and Hanks.

Do not publish. Tex. R. App. P. 47.2(b).