Jimmy Ray Shimek v. State ( 1996 )


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    TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN





    NO. 03-95-00169-CR





    Jimmy Ray Shimek, Appellant



    v.



    The State of Texas, Appellee





    FROM THE DISTRICT COURT OF BASTROP COUNTY, 21ST JUDICIAL DISTRICT

    NO. 8090, HONORABLE JOHN L. PLACKE, JUDGE PRESIDING





    PER CURIAM



    The district court found appellant guilty of murder. The court assessed punishment at imprisonment for thirty-five years.

    Appellant's court-appointed attorney filed a brief in which he concludes that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California,

    386 U.S. 738
    (1967), by advancing contentions which counsel says might arguably support the
    appeal.  See also Penson v. Ohio, 
    488 U.S. 75
    (1988); Gainous v. State, 
    436 S.W.2d 137
    (Tex.
    Crim. App. 1969); Jackson v. State, 
    485 S.W.2d 553
    (Tex. Crim. App. 1972); Currie v. State,
    
    516 S.W.2d 684
    (Tex. Crim. App. 1974); High v. State, 
    573 S.W.2d 807
    (Tex. Crim. App.
    1978).  A copy of counsel's brief was delivered to appellant, and appellant 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. A discussion of the contentions advanced in counsel's brief would serve no beneficial purpose.

    The judgment of conviction is affirmed.



    Before Chief Justice Carroll, Justices Jones and B. A. Smith

    Affirmed

    Filed: February 14, 1996

    Do Not Publish