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Esters v. State

Court of Appeals Ninth District of Texas at Beaumont
Apr 26, 2017
NO. 09-16-00285-CR (Tex. App. Apr. 26, 2017)

Opinion

NO. 09-16-00285-CR NO. 09-16-00286-CR

04-26-2017

RYAN LEE ESTERS, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 253rd District Court Liberty County, Texas
Trial Cause No. CR31239 (Counts 1 and 2)

MEMORANDUM OPINION

Ryan Lee Esters (Esters) was indicted on two counts of aggravated sexual assault of a child less than fourteen years of age. See Tex. Penal Code Ann. § 22.021(a) (West Supp. 2016). Esters pleaded not guilty on both counts. A jury found Esters guilty on both counts, and the court assessed punishment at twelve years' confinement. Esters timely appealed.

Esters's appellate counsel filed a brief that presents counsel's professional evaluation of the record and concludes that the appeal is frivolous and there are no meritorious claims for appeal. See Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). We granted an extension of time for Esters to file a pro se brief, and we received no response from Esters. We have independently reviewed the appellate record, and we agree with counsel's conclusion that no arguable issues support the appeal. Therefore, we find it unnecessary to order appointment of new counsel to re-brief the appeal. Cf. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court's judgments.

Esters may challenge our decision in these cases by filing a petition for discretionary review. See Tex. R. App. P. 68.

AFFIRMED.

/s/_________

LEANNE JOHNSON

Justice Submitted on April 20, 2017
Opinion Delivered April 26, 2017
Do Not Publish Before McKeithen, C.J., Kreger and Johnson, JJ.


Summaries of

Esters v. State

Court of Appeals Ninth District of Texas at Beaumont
Apr 26, 2017
NO. 09-16-00285-CR (Tex. App. Apr. 26, 2017)
Case details for

Esters v. State

Case Details

Full title:RYAN LEE ESTERS, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Ninth District of Texas at Beaumont

Date published: Apr 26, 2017

Citations

NO. 09-16-00285-CR (Tex. App. Apr. 26, 2017)