Roger Warren Hollingsworth v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-05-00166-CR Roger Warren Hollingsworth, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF LAMPASAS COUNTY, 27TH JUDICIAL DISTRICT NO. 7603, HONORABLE C. W. DUNCAN, JR., JUDGE PRESIDING MEMORANDUM OPINION A jury found appellant Roger Warren Hollingsworth guilty of aggravated sexual assault of a child. See Tex. Pen. Code Ann. § 22.021 (West 2005). The court assessed punishment at ten years’ 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). Appellant received a copy of counsel’s brief and 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. The judgment of conviction is affirmed. ____________________________________________ Bea Ann Smith, Justice Before Justices B. A. Smith, Patterson and Puryear Affirmed Filed: March 16, 2006 Do Not Publish 2