Lewis J. Gilbert v. State

• Court: Court of Appeals of Texas
• Decided: August 31, 2006
• Docket: 12-06-00006-CR
• Status: Published

Opinion

                NO. 12-06-00005-CR

NO. 12-06-00006-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

LEWIS J. GILBERT,            §          APPEALS FROM THE 258TH

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE   §          TRINITY COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            Lewis J. Gilbert appeals his conviction for the offenses of sexual assault of a child and indecency with a child.  Appellant pleaded guilty to both offenses, and his appellate counsel has  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).  Appellant did not file a brief. We affirm.

Background

            Appellant pleaded guilty to the offenses of sexual assault of a child¹ and indecency with a child.²  The victims were his stepdaughters.  There was no plea agreement.  The trial court  found Appellant guilty and assessed punishment at twenty years of imprisonment on each charge.  This appeal followed.

Analysis Pursuant to Anders v. California

            Appellant’s counsel has filed a brief in compliance with Anders and Gainous.  Counsel states that he has diligently reviewed the appellate record and that he is well acquainted with the facts of this case.  In compliance with Anders, Gainous, and High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978), counsel’s brief presents a chronological summary of the procedural history of the case and further states that counsel is unable to present any arguable issues for appeal.

            We have considered the brief submitted by Appellant’s counsel and have conducted our own independent review of the record.  See Anders, 386 U.S. at 745, 87 S. Ct. at 1400; see also Penson v. Ohio, 488 U.S. 75, 80, 109 S. Ct. 346, 350, 102 L. Ed. 2d 300 (1988).  We have found no reversible error.  See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005).

Conclusion

            As required, Appellant’s counsel has moved for leave to withdraw.  See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991).  After considering the record and the brief and having found no reversible error, we affirm the judgment of the trial court and grant Appellant’s counsel’s motion for leave to withdraw.

Opinion delivered August 31, 2006.

Panel consisted of Worthen, C.J., Griffith, J. and Hoyle, J.

(DO NOT PUBLISH)

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¹ Appellate cause number 12–06–00005–CR.

² Appellate cause number 12–06–00006–CR.