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Do Not Publish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
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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
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