Sims Jr., Tracy Lynn v. State

AFFIRM; Opinion Filed May 1, 2013. In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-00985-CR TRACY LYNN SIMS, JR., Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court Dallas County, Texas Trial Court Cause No. F09-71267-H MEMORANDUM OPINION Before Justices Lang, Myers, and Evans Opinion by Justice Evans Tracy Lynn Sims, Jr. waived a jury and pleaded guilty to aggravated robbery with a deadly weapon, a firearm. See TEX. PENAL CODE ANN. § 29.03(a) (West 2011). Pursuant to a plea agreement, the trial court deferred adjudicating guilt, placed appellant on five years’ community supervision, and assessed a $3,000 fine. The trial court later granted the State’s motion to adjudicate, finding appellant violated the terms of his community supervision, and assessed punishment at twelve years’ imprisonment. On appeal, appellant’s 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 appellant. We advised appellant 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. /David W. Evans/ DAVID W. EVANS JUSTICE Do Not Publish TEX. R. APP. P. 47 120985F.U05 -2- Court of Appeals Fifth District of Texas at Dallas JUDGMENT TRACY LYNN SIMS, JR., Appellant Appeal from the Criminal District Court of Dallas County, Texas (Tr.Ct.No. F09- No. 05-12-00985-CR V. 71267-H). Opinion delivered by Justice Evans, THE STATE OF TEXAS, Appellee Justices Lang and Myers participating. Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED. Judgment entered May 1, 2013. /David W. Evans/ DAVID W. EVANS JUSTICE -3-