Lewis J. Gilbert v. The State of Texas--Appeal from 258th District Court of Trinity County

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(DO NOT PUBLISH)

1 Appellate cause number 12 06 00005 CR.

2 Appellate cause number 12 06 00006 CR.