David Rashad Sims v. State ( 2012 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-11-00515-CR
David Rashad Sims, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF BELL COUNTY, 426TH JUDICIAL DISTRICT
NO. 67534, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant David Rashad Sims pleaded guilty to burglary of a habitation. See Tex.
Penal Code Ann. § 30.02 (West 2011). He entered his plea open to the court without benefit of a
plea agreement as to punishment. Following a punishment hearing, the court adjudged Sims guilty
and assessed punishment at twelve years’ imprisonment.
Sims’s court-appointed attorney filed a brief concluding that the appeal is frivolous
and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967),
by presenting a professional evaluation of the record demonstrating why there are no arguable grounds
to be advanced. See also Penson v. Ohio, 488 U.S. 75 (1988); High v. State, 573 S.W.2d 807
(Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); Jackson v. State,
485 S.W.2d 553 (Tex. Crim. App. 1972); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969).
Sims received a copy of counsel’s brief and was advised of his right to examine the appellate record
and to file a pro se brief. No pro se brief has been filed.
We have reviewed the record and counsel’s brief and agree that the appeal is
frivolous and without merit. We find nothing in the record that might arguably support the appeal.
See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). Counsel’s motion to withdraw
is granted.
The judgment of conviction is affirmed.
_____________________________________________
Diane M. Henson, Justice
Before Justices Puryear, Henson, and Goodwin
Affirmed
Filed: February 29, 2012
Do Not Publish
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