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Squalls v. State

Court of Appeals of Texas, Twelfth District, Tyler
Aug 19, 2009
No. 12-08-00321-CR (Tex. App. Aug. 19, 2009)

Opinion

No. 12-08-00321-CR

Opinion delivered August 19, 2009. DO NOT PUBLISH.

Appealed from the 7th Judicial District Court of Smith County, Texas.

Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.


MEMORANDUM OPINION


Appellant Calvin E. Squalls appeals his convictions of multiple convictions of aggravated sexual assault of a child, for which he was sentenced to imprisonment for life for each offense. Appellant's counsel filed a brief in compliance with Anders v. California , 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967) and Gainous v. State , 436 S.W.2d 137 (Tex. Crim. App. 1969). We dismiss the appeal.

Background

Appellant was charged by indictment with three counts of aggravated sexual assault of a child and pleaded "not guilty" to each count. Appellant waived his right to a jury trial, and a trial before the court was conducted. Ultimately, the trial court found Appellant "guilty" as charged on each count and, following a bench trial on punishment, sentenced Appellant to imprisonment for life for each offense. This appeal followed.

Analysis Pursuant to Anders v. California

Appellant's counsel filed a brief in compliance with Anders v. California and Gainous v. State . Appellant's counsel states that he has diligently reviewed the appellate record and is of the opinion that the record reflects no reversible error and that there is no error upon which an appeal can be predicated. He further relates that he is well acquainted with the facts in this case. In compliance with Anders , Gainous , and High v. State , 573 S.W.2d 807 (Tex. Crim. App. [Panel Op.] 1978), Appellant's brief presents a chronological summation of the procedural history of the case and further states that Appellant's counsel is unable to raise any arguable issues for appeal. We have likewise reviewed the record for reversible error and have found none.

Conclusion

As required by Stafford v. State , 813 S.W.2d 503 (Tex. Crim. App. 1991), Appellant's counsel has moved for leave to withdraw. See also In re Schulman , 252 S.W.3d 403, 407 (Tex. Crim. App. 2008) (orig. proceeding). We carried the motion for consideration with the merits. Having done so and finding no reversible error, Appellant's counsel's motion for leave to withdraw is hereby granted and the appeal is dismissed .


Summaries of

Squalls v. State

Court of Appeals of Texas, Twelfth District, Tyler
Aug 19, 2009
No. 12-08-00321-CR (Tex. App. Aug. 19, 2009)
Case details for

Squalls v. State

Case Details

Full title:CALVIN E. SQUALLS, APPELLANT v. THE STATE OF TEXAS, APPELLEE

Court:Court of Appeals of Texas, Twelfth District, Tyler

Date published: Aug 19, 2009

Citations

No. 12-08-00321-CR (Tex. App. Aug. 19, 2009)