NO. 07-06-0182-CR 07-06-0183-CR IN THE COUR

T OF APPEALS FOR THE SEVEN TH DISTRICT OF TEXAS

AT AMARILLO PANEL D MARCH 27, 2007

______________________________ LORREN DEAN ROBY, APPELLANT

V. THE STATE OF TEXAS, A PPELLEE

_________________________________ FROM THE 223 RD DISTRIC T COURT O F GRAY COUNT Y; NO. 6869, 6870; H ONORABLE DAVI D L. GLEASON, JUDGE

_______________________________ Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ. MEMORA NDUM OPIN ION Appellant

Lorre n Dean Rob y appeals hi s convic tions for the felony

offenses of aggravated sexual as sault and indece ncy wi th a child. We agree with appointed counsel’s conclusion that the recor d in these compani on appeals fails to show any meritoriousissue which w ould support ei ther appeal and affirm t he trial cour t’s judgments
. In two separ

ate indictmentsappellant was charged w ith touching the genital s of the victim on one occasion and penetrating t he same victi m’s sexual organ in a separate even t.1 Two addition al counts had been consolidated for trial but theState dismiss ed

those counts, alleg ing offenses agai nst another victim, before the case w as submitted to the j ury. 2 The offenses were al leged to have occurred approximatel y one month apar t. The charges were consolidated for

trial 1 and appellant pl ed not guilt y to each. The jury found hi m guilty on both counts as al leged in the indictments. The jury as sessed punishment at 20 years confinementon the c hargeof indecency wit h a chi ld and 60 yea rs co nfineme nt on the aggravated sexual as sault charg e. The trial cour t rendered judg ments in conformity with the jury’ s verdic

ts and ordered t he sentences to r un concurrentl y. Appellant's counsel has filed amotion to withdraw and a brief

in support pur

suant to Anders v. California , 386 U.S. 738, 87 S. Ct. 1396 , 18 L. Ed. 2d 493 (1967), in whic h he represents he has searched the record and in his p ro fessional opinio n, under the controlli n g authorities and facts of the case, t here is no r eversibl e error or

legitimate grounds for appeal. Couns el has informed appel lant by le tter of his ri ght to review the trial record and to file a pro se response. Johnson v. State , 885 S.W.2d 641, 645 (Tex.App.–W aco 1994, pet. ref’d) . By letter this court also notified appe llant of his op po rtunity

to submit a res ponse to the Anders brief and motion to withdraw filed by his counsel. Appellant

has not filed a br ief or

other respons e. Nor has t he State filed a br ief in either appeal
. In conformity

wit h the s tandar

ds set out by the Un ited S tates S upreme Court, we will not rule on the moti on to withdr aw until we ha ve independentl y examine d the record. Nicholsv. State , 954 S.W.2d 83, 86 ( Te x.App.–San Antonio 199 7, no pet.). If this court3

determines the appeal has mer it, we wi ll remand it to the trial court for appointment of new counsel. See Stafford v. State , 813 S.W.2d 503, 511 (Tex.Cri m.App. 1991). Counsel’s brief liststwo potenti al issues. The first discus ses the procedur al history of the case finding the record fails to show reversi ble error. The second issue reci tes the standards by whi ch claims of ineffec tive assist ance of counsel arereview ed. Without discussing trial counsel’s performance, app ellate counsel concludes no e rror is shown in the record. Our review of counsel’s brief and the record convinces us th at appellate counsel conducte d a review of the record. We have also madean independent examination of the entire record to determine whether there are any argu abl e grounds w hich might s upport the appeal. See Stafford , 813 S.W.2d at 511. That record s hows tri al counsel’s performance wa s not

deficient. It shows he was t horo ugh ly fa miliar w ith the facts of the case, actively cross-ex

amined witnesses

and successfull y advanc ed objections. We agree the record prese nts no meritoriousgrounds for r eview. We grant coun sel’s motio n to withdr aw, and affirm the judgment of the tr ial court i n each case.

James T. Campbell Justice Do not publish
.