Nicholas Edward Ayers v. The State of Texas Appeal from 276th District Court of Marion County (memorandum opinion )

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In The Court of Appeals Sixth Appellate District of Texas at Texarkana No. 06-15-00157-CR NICHOLAS EDWARD AYERS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 276th District Court Marion County, Texas Trial Court No. F14576 Before Morriss, C.J., Moseley and Burgess, JJ. Memorandum Opinion by Justice Burgess MEMORANDUM OPINION Nicholas Edward Ayers appeals from his conviction of indecency with a child by sexual contact and his sentence of eighteen years’ imprisonment. Ayers has filed a single brief in which he raises issues identical to those raised in his appeal in our cause number 06-15-00156-CR. Specifically, Ayers argues that the State committed fundamental error by arguing outside the evidence during closing argument and that counsel rendered ineffective assistance in failing to object to the State’s closing argument. We addressed these issues in detail in our opinion of this date on Ayers’ appeal in cause number 06-15-00156-CR. For the reasons stated therein, we likewise conclude that error has not been shown in this case. We affirm the trial court’s judgment. Ralph K. Burgess Justice Date Submitted: Date Decided: December 23, 2015 January 14, 2016 Do Not Publish 2

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