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Judy Ann Simmons v. State

Citation: Not availableDocket: 03-00-00403-CR

Court: Court of Appeals of Texas; March 7, 2001; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Judy Ann Simmons pleaded guilty to aggravated assault on a public servant with a deadly weapon and was sentenced to thirty years of imprisonment by the District Court of Bell County. Her court-appointed attorney submitted a brief declaring the appeal frivolous and without merit, complying with Anders v. California by providing a professional evaluation of the record. The attorney informed Simmons of her right to review the appellate record and file a pro se brief; however, no such brief was filed. Upon reviewing the record and the attorney's brief, the court found no arguable grounds to support the appeal. The conviction was affirmed by Chief Justice Marilyn Aboussie and Justices Yeakel and Patterson on March 8, 2001.

Legal Issues Addressed

Affirmation of Conviction

Application: The appellate court, after reviewing the record and the Anders brief, found no arguable grounds for appeal and affirmed the conviction.

Reasoning: Upon reviewing the record and the attorney's brief, the court found no arguable grounds to support the appeal. The conviction was affirmed by Chief Justice Marilyn Aboussie and Justices Yeakel and Patterson on March 8, 2001.

Anders Brief Compliance

Application: The court-appointed attorney submitted an Anders brief, indicating that after a thorough review, the appeal was deemed frivolous, complying with Anders v. California.

Reasoning: Her court-appointed attorney submitted a brief declaring the appeal frivolous and without merit, complying with Anders v. California by providing a professional evaluation of the record.

Right to File Pro Se Brief

Application: The defendant was informed of her right to review the appellate record and to file a pro se brief, yet she did not exercise this right.

Reasoning: The attorney informed Simmons of her right to review the appellate record and file a pro se brief; however, no such brief was filed.