Clayton Vincen Hale v. The State of Texas Appeal from 27th District Court of Bell County (memorandum opinion )
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-15-00388-CR NO. 03-15-00389-CR Clayton Vincen Hale, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT NO. 72335 & 72336, HONORABLE JOHN GAUNTT, JUDGE PRESIDING MEMORANDUM OPINION Appellant Clayton Vincen Hale pleaded guilty to two counts of aggravated sexual assault, see Tex. Penal Code § 22.021, and waived his right to a trial by jury. The trial court convicted appellant and sentenced him to fifty years’ confinement in the Texas Department of Criminal Justice, Institutional Division, for each count, with the sentences to run concurrently. Appellant’s court-appointed attorney has filed a motion to withdraw in each cause, supported by a brief concluding that the appeals are frivolous and without merit. The briefs meet the requirements of Anders v. California by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See Anders v. California, 386 U.S. 738, 744 (1967); Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); see also Penson v. Ohio, 488 U.S. 75, 86–87 (1988). Appellant received a copy of counsel’s briefs and was advised of his right to examine the appellate record and to file a pro se brief. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766. Appellant has filed a pro se brief in each cause, raising eight issues on appeal. We have conducted an independent review of the record, including appellate counsel’s briefs and appellant’s briefs, and find no reversible error. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766; Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005). We agree with counsel that the record presents no arguably meritorious grounds for review and the appeals are frivolous. Counsel’s motion to withdraw is granted. The judgments of conviction are affirmed. __________________________________________ Scott K. Field, Justice Before Justices Puryear, Goodwin, and Field Affirmed Filed: May 19, 2016 Do Not Publish 2
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