Simmons v. State, 44549
| Decision Date | 02 February 1972 |
| Docket Number | No. 44549,44549 |
| Citation | 475 S.W.2d 787 |
| Parties | Maynard Quian SIMMONS, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Cutler & Epps, by Ray Epps, Houston, for appellant.
Carol S. Vance, Dist. Atty., James C. Brough and William W. Burge, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.
DALLY, Commissioner.
The conviction is for robbery by assault; the punishment, fifteen years imprisonment.
On the trial of the case the appellant was represented by retained counsel of his choice. He entered a plea of not guilty before a jury. The jury assessed appellant's punishment after finding him guilty.
After conviction, the appellant made affidavit that he was too poor to employ counsel. Counsel was appointed to represent him on appeal. The record contains a transcription of the testimony. The brief of appointed counsel on appeal was filed in the trial court and has been transmitted to this court with the record. The brief filed by appellant's appointed counsel asserts a familiarity with the record and the law and reaches the conclusion that the appeal is frivolous. However, the record does not reflect that a copy of the brief was served upon the appeallant as is required by Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967); Gainous v. State, 436 S.W.2d 137 (Tex.Cr.App.1969); Holder v. State, 469 S.W.2d 184 (Tex.Cr.App.1971); Barber v. State, 471 S.W.2d 814 (Tex.Cr.App.1971). This appeal will be abated until the record shows that there has been a compliance with the above cited authorities.
For the reasons stated, the appeal is abated.
Opinion approved by the Court.
MORRISON, J., not participating.
To continue reading
Request your trial
-
Simmons v. State, 44549
...but the record failed to reflect that a copy of the brief was served upon the appellant. As a result, the appeal was abated, 475 S.W.2d 787. Subsequent to the abatement of the appeal, the trial judge had the appellant brought into open court where the brief, as well as a supplemental brief,......
-
Ramirez v. State, 44848
...appeal will be abated until the record shows that there has been a compliance with the above cited authorities. See Simmons v. State, 475 S.W.2d 787 (Tex.Crim.App.1972); Ex parte Grant, 476 S.W.2d 702 (Tex.Crim.App.1972). For the reasons stated, the appeal is abated. Opinion approved by the......
-
Ex parte Grant, 45071
...this appeal will be abated until the record reflects that there has been compliance with the above cited authorities. Simmons v. State, Tex.Cr.App., 475 S.W.2d 787 For the reason stated, the appeal is abated. ...