George Paul Simon v. State
George Paul Simon v. State
Opinion
COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
|
NO. 02-11-00382-CR
George Paul Simon |
| APPELLANT |
V.
| ||
The State of Texas |
| STATE |
----------
FROM THE 355th District Court OF Hood COUNTY
----------
MEMORANDUM OPINION[1]
----------
Appellant George Paul Simon entered an open plea of guilty to possession of more than four grams but less than two hundred grams of methamphetamine with intent to deliver.[2] He also signed a judicial confession. A jury convicted Appellant and assessed his punishment at twenty years’ confinement. The trial court sentenced him accordingly.
Appellant’s court-appointed appellate counsel has filed a motion to withdraw as counsel and a brief in support of that motion. In the brief, counsel avers that, in his professional opinion, this appeal is frivolous. Counsel’s brief and motion meet the requirements of Anders v. California[3] by presenting a professional evaluation of the record demonstrating why there are no arguable grounds for relief. Although Appellant was given an opportunity to file a pro se response to the Anders brief, he has not done so. The State also did not file a brief.
After an appellant’s court-appointed counsel files a motion to withdraw on the ground that the appeal is frivolous and fulfills the requirements of Anders, this court is obligated to undertake an independent examination of the record.[4] Only then may we grant counsel’s motion to withdraw.[5] Because Appellant entered an open plea of guilty, our independent review for potential error is limited to potential jurisdictional defects, the voluntariness of Appellant’s plea, error that is not independent of and supports the judgment of guilt, and error occurring after entry of the guilty plea.[6]
We have carefully reviewed counsel’s brief and the record. We agree with counsel that this appeal is wholly frivolous and without merit; we find nothing in the record that arguably might support any appeal.[7] Accordingly, we grant counsel’s motion to withdraw and affirm the trial court’s judgment.
PER CURIAM
PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: May 24, 2012
[1]See Tex. R. App. P. 47.4.
[2]See Tex. Health & Safety Code Ann. §§ 481.102(6), .112(d) (West 2010).
[3]386 U.S. 738, 87 S. Ct. 1396 (1967).
[4]See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991).
[5]See Penson v. Ohio, 488 U.S. 75, 82–83, 109 S. Ct. 346, 351 (1988).
[6]See Monreal v. State, 99 S.W.3d 615, 619–620 (Tex. Crim. App. 2003).
[7]See Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex. Crim. App. 2005).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.