Court of Appeals of Texas, 2011

Marquaus Simmons v. State

Court of Appeals of Texas · Decided August 5, 2011

Opinion

In The Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-11-00055-CR ______________________________ MARQUAUS SIMMONS, Appellant

V. THE STATE OF TEXAS, Appellee

On Appeal from the 102nd Judicial District Court

Red River County, Texas Trial Court No. CR 00838

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Justice Moseley

MEMORANDUM OPINION

Marquaus Simmons appeals from the revocation of his community supervision on his plea of true and the imposition of a sentence of eight years’ imprisonment. The State filed a motion to revoke for failure to pay fees, restitution, and fines, his commission of subsequent offenses, and use of marihuana. At the hearing, evidence was introduced in the form of testimony from an adult community supervision officer and copies of convictions, and Simmons pled true to each ground alleged. The trial court revoked his community supervision and sentenced him to eight years’ confinement.

Simmons’ attorney on appeal has filed a brief which discusses the record and reviews the proceedings in detail. Counsel has thus provided a professional evaluation of the record demonstrating why, in effect, there are no arguable grounds to be advanced. This meets the requirements of Anders v. California, 386 U.S. 738 (1967); Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1981); and High v. State, 573 S.W.2d 807 (Tex. Crim. App. [Panel Op.] 1978).

Counsel mailed a copy of the brief and a letter to Simmons on May 16, 2011, informing Simmons of his right to file a pro se response and of his right to review the record. No response has been filed. Counsel has also filed a motion with this Court seeking to withdraw as counsel in this appeal.

We have determined that this appeal is wholly frivolous. We have independently reviewed the clerk’s record and the reporter’s record, and find no genuinely arguable issue. See Halbert v. Michigan, 545 U.S. 605, 623 (2005). We, therefore, agree with counsel’s assessment that no arguable issues support an appeal. See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005).

We affirm the judgment of the trial court.1

Bailey C. Moseley Justice

Date Submitted: August 4, 2011 Date Decided: August 5, 2011 Do Not Publish

1 Since we agree this case presents no reversible error, we also, in accordance with Anders, grant counsel’s request to withdraw from further representation of appellant in this case. No substitute counsel will be appointed. Should appellant wish to seek further review of this case by the Texas Court of Criminal Appeals, appellant must either retain an attorney to file a petition for discretionary review or appellant must file a pro se petition for discretionary review. Any petition for discretionary review must be filed within thirty days from the date of either this opinion or the last timely motion for rehearing that was overruled by this Court. See TEX. R. APP. P. 68.2. Any petition for discretionary review must be filed with this Court, after which it will be forwarded to the Texas Court of Criminal Appeals along with the rest of the filings in this case. Should a petition for discretionary review be filed after September 1, 2011, it should be filed directly with the Texas Court of Criminal Appeals. See TEX. R. APP. P. 68.3. Any petition for discretionary review should comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 68.4.

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