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Ballinger v. State

Court of Appeals of Texas, Third District, Austin
Oct 2, 2003
No. 03-03-00397-CR (Tex. App. Oct. 2, 2003)

Opinion

No. 03-03-00397-CR

Filed: October 2, 2003. Do Not Publish.

FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT NO. 54,411, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING

Before Justices KIDD, B. A. SMITH and PURYEAR.


MEMORANDUM OPINION


The district court convicted appellant Ronald Edward Ballinger of indecency with a child by contact after he pleaded guilty and judicially confessed to the offense. See Tex. Pen. Code Ann. § 21.11 (West 2003). The court imposed an eight-year term of imprisonment. Appellant's court-appointed attorney filed a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967), by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See also Penson v. Ohio, 488 U.S. 75 (1988); High v. State, 573 S.W.2d 807 (Tex.Crim.App. 1978); Currie v. State, 516 S.W.2d 684 (Tex.Crim.App. 1974); Jackson v. State, 485 S.W.2d 553 (Tex.Crim.App. 1972); Gainous v. State, 436 S.W.2d 137 (Tex.Crim.App. 1969). A copy of counsel's brief was delivered to appellant, who 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. We find nothing in the record that might arguably support the appeal. Counsel's motion to withdraw is granted. The judgment of conviction is affirmed. Affirmed


Summaries of

Ballinger v. State

Court of Appeals of Texas, Third District, Austin
Oct 2, 2003
No. 03-03-00397-CR (Tex. App. Oct. 2, 2003)
Case details for

Ballinger v. State

Case Details

Full title:BALLINGER v. STATE, 03-03-00397-CR (Tex.App.-Austin 10-2-2003) Ronald…

Court:Court of Appeals of Texas, Third District, Austin

Date published: Oct 2, 2003

Citations

No. 03-03-00397-CR (Tex. App. Oct. 2, 2003)