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Do Not Publish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
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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
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