Full Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-26-00415-CR Rustin Cole Simpson, Appellant v. The State of Texas, Appellee FROM THE 27TH DISTRICT COURT OF BELL COUNTY NO. FR83066, THE HONORABLE DEBBIE GARRETT, JUDGE PRESIDING MEMORANDUM OPINION Appellant Rustin Cole Simpson was convicted of the second-degree felony of sexual assault and sentenced to fifteen years’ imprisonment. Tex. Penal Code §§ 12.33(a), 22.011(A)(1). He appealed his conviction. Simpson’s court-appointed appellate counsel filed a motion to withdraw supported by an Anders brief contending that the appeal is frivolous and without merit. See Anders v. California, 386 U.S. 738, 744-45 (1967). Counsel’s brief meets the requirements of Anders by presenting a professional evaluation of the record and demonstrating that there are no arguable grounds to be advanced. See id.; Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); see also Penson v. Ohio, 488 U.S. 75, 81-82 (1988) (explaining that Anders briefs serve purpose of “assisting the court in determining both that counsel in fact conducted the required detailed review of the case and that the appeal is . . . frivolous”). Counsel informed the Court that she provided copies of the motion and brief to Simpson; advised him of his right to examine the appellate record, file a pro se brief, and pursue discretionary review following the resolution of the appeal in this Court; and provided him with a form motion for pro se access to the appellate record along with the mailing address of this Court. See Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014). Simpson did not file a pro se brief, nor did he request an extension of time to do so. After independently reviewing the record and considering the brief filed by counsel, we have found nothing that might arguably support the appeal. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766. We agree with counsel that the appeal is frivolous and without merit. Accordingly, we grant counsel’s motion to withdraw and affirm the trial court’s judgment adjudicating guilt. __________________________________________ Darlene Byrne, Chief Justice Before Chief Justice Byrne, Justices Kelly and Theofanis Affirmed Filed: August 26, 2026 Do Not Publish 2