Court of Civil Appeals of Texas, 2003

Ronald Edward Ballinger v. State

Ronald Edward Ballinger v. State
Court of Civil Appeals of Texas · Decided October 2, 2003

Ronald Edward Ballinger v. State

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-03-00397-CR

Ronald Edward Ballinger, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT NO. 54,411, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING

MEMORANDUM OPINION

The district court convicted appellant Ronald Edward Ballinger of indecency with a child by contact after he pleaded guilty and judicially confessed to the offense. See Tex. Pen. Code Ann. § 21.11 (West 2003). The court imposed an eight-year term of imprisonment.

Appellant’s court-appointed attorney filed a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967), by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See also Penson v. Ohio, 488 U.S. 75 (1988); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); Jackson v. State, 485 S.W.2d 553 (Tex. Crim. App. 1972); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). A copy of counsel’s brief was delivered to appellant, who was advised of his right to examine the appellate record and to file a pro se brief. No pro se brief has been filed.

We have reviewed the record and counsel’s brief and agree that the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. Counsel’s motion to withdraw is granted.

The judgment of conviction is affirmed.

__________________________________________ Mack Kidd, Justice Before Justices Kidd, B. A. Smith and Puryear Affirmed Filed: October 2, 2003 Do Not Publish

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