Ryan Lee Esters v. The State of Texas Appeal from 253rd District Court of Liberty County (memorandum opinion)

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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-16-00285-CR NO. 09-16-00286-CR ____________________ 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. 1 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.1 AFFIRMED. _________________________ LEANNE JOHNSON Justice Submitted on April 20, 2017 Opinion Delivered April 26, 2017 Do Not Publish Before McKeithen, C.J., Kreger and Johnson, JJ. 1 Esters may challenge our decision in these cases by filing a petition for discretionary review. See Tex. R. App. P. 68. 2

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