Dessie Hunt Simmons v. The State of Texas--Appeal from 5th District Court of Cass County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-05-00231-CR
______________________________
DESSIE HUNT SIMMONS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 5th Judicial District Court
Cass County, Texas
Trial Court No. 2005-F-00059
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Justice Carter
MEMORANDUM OPINION

Dessie Hunt Simmons has appealed from her conviction of possession of a controlled substance (cocaine) in an amount of four grams or more, but less than 200 grams. See Tex. Health & Safety Code Ann. 481.115(d) (Vernon 2003). Simmons waived a jury trial and entered an open plea of guilty. After a hearing on punishment, the trial court sentenced Simmons to fifteen years' confinement. Simmons was represented by appointed counsel at trial and by different appointed counsel on appeal.

Appellate counsel filed a brief April 17, 2006, under the mandate of Anders v. California, 386 U.S. 738 (1967), and Ex parte Senna, 606 S.W.2d 329, 330 (Tex. Crim. App. 1980), and has accordingly also filed a motion to withdraw. Counsel sent Simmons a copy of the brief and advised Simmons by letter he believes there are no arguable contentions of error. He also informed Simmons of her right to review the record and file a brief pro se. Simmons requested an extension of time to file her brief, which was granted to and including June 16, 2006. No brief has been filed, and Simmons has not sought additional time in which to prepare a brief.

Counsel has filed a brief which discusses the record and reviews the proceedings. Counsel has thus provided a professional evaluation of the record demonstrating why, in effect, there are no arguable grounds to be advanced, as required by High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. [Panel Op.] 1978). See also Stafford v. State, 813 S.W.2d 503, 510 n.3 (Tex. Crim. App. 1991). Counsel concluded from his review of the record there is no arguable point of error to support the appeal.

Counsel further states in the brief that the plea "was done according to statutory and case law," that all admonitions were properly given, and that Simmons knowingly and voluntarily entered her plea of guilty.

We have, likewise, reviewed the record and agree with counsel there are no arguable points of error in this case.

We affirm the judgment of the trial court.

 

Jack Carter

Justice

 

Date Submitted: August 3, 2006

Date Decided: October 13, 2006

 

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