CourtListener 10687996•James Anthony Hillesheim v. the State of Texas
Testo completo
In The
Court of Appeals
Ninth District of Texas at Beaumont
__________________
NO. 09-24-00410-CR
__________________
JAMES ANTHONY HILLESHEIM, Appellant
V.
THE STATE OF TEXAS, Appellee
__________________________________________________________________
On Appeal from the 258th District Court
Polk County, Texas
Trial Cause No. CR23-0303
__________________________________________________________________
MEMORANDUM OPINION
A grand jury indicted Appellant James Anthony Hillesheim (“Appellant” or
“Hillesheim”) for indecency with a child by sexual contact, a second-degree felony.
See Tex. Penal Code Ann. § 21.11(a)(1), (d). The indictment alleged two previous
felony convictions as an enhancement. Hillesheim pleaded “not guilty,” but the jury
found him guilty as charged in the indictment. 1 At a hearing on punishment,
1
The Judgment of Conviction notes, “[t]he age of the victim at the time of the
offense was 8 years of age.”
1
Hillesheim pleaded “not true” to the alleged enhancement, but the jury found the
enhancement true and sentenced Hillesheim to imprisonment for life and imposed a
$10,000 fine.
On appeal, Appellant’s court-ordered appellate attorney filed a brief stating
that she has reviewed the case and, based on her professional evaluation of the record
and applicable law, there are no arguable grounds for reversal. See Anders v.
California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App.
1978). We granted an extension of time for Hillesheim to file a pro se brief, and we
received no response from Hillesheim.
Upon receiving an Anders brief, this Court must conduct a full examination
of the record to determine whether the appeal is wholly frivolous. Penson v. Ohio,
488 U.S. 75, 80 (1988) (citing Anders, 386 U.S. at 744). We have reviewed the entire
record and counsel’s brief in this case, and we have found nothing that would
arguably support an appeal. See Bledsoe v. State, 178 S.W.3d 824, 827-28 (Tex.
Crim. App. 2005) (“Due to the nature of Anders briefs, by indicating in the opinion
that it considered the issues raised in the briefs and reviewed the record for reversible
error but found none, the court of appeals met the requirements of Texas Rule of
Appellate Procedure 47.1.”). Therefore, we find it unnecessary to order appointment
of new counsel to re-brief the appeal. Cf. Stafford v. State, 813 S.W.2d 503, 511
(Tex. Crim. App. 1991).
2
That said, we note that the section of the judgment entitled “Statute for
Offense[]” recites the statutory section as “21.11(d)[.]” The indictment charged
Hillesheim for indecency with a child by sexual conduct, which is set forth in section
21.11(a)(1) of the Texas Penal Code. See Tex. Penal Code Ann. § 21.11(a)(1). This
Court has the authority to reform the trial court’s judgment to correct nonreversible
clerical errors. See Tex. R. App. P. 43.2(b); Bigley v. State, 865 S.W.2d 26, 27 (Tex.
Crim. App. 1993). We therefore reform the judgment to delete “21.11(d)” and to
substitute “21.11(a)(1).”
We affirm the trial court’s judgment of conviction as reformed. 2
AFFIRMED.
LEANNE JOHNSON
Justice
Submitted on September 23, 2025
Opinion Delivered October 1, 2025
Do Not Publish
Before Golemon, C.J., Johnson and Wright, JJ.
2
Hillesheim may challenge our decision in this case by filing a petition for
discretionary review with the Texas Court of Criminal Appeals. See Tex. R. App. P.
68.
3
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