Hardesty Bogany v. State

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-97-00463-CR Hardesty Bogany, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF BEXAR COUNTY, 144TH JUDICIAL DISTRICT

NO. 97CR3059A, HONORABLE SUSAN D. REED, JUDGE PRESIDING

Appellant Hardesty Bogany pleaded no contest to an indictment accusing him of aggravated sexual assault. See Tex. Penal Code Ann. § 22.021(a)(1)(A)(ii), (a)(2)(A)(ii) (West Supp. 1998). The district court adjudged him guilty and assessed punishment at imprisonment for seventy years and a $5,000 fine.

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, and appellant 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. Further, we find nothing in the record that might arguably support the appeal.

The judgment of conviction is affirmed.

John Powers, Justice

Before Justices Powers, Kidd and B. A. Smith

Affirmed

Filed: June 11, 1998

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