Daphne Octavia Spurlock v. State

• Court: Court of Appeals of Texas
• Decided: September 24, 2014
• Docket: 09-14-00067-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________

NO. 09-14-00067-CR ____________________

DAPHNE OCTAVIA SPURLOCK, Appellant

V.

THE STATE OF TEXAS, Appellee _________________________________ ______________________

On Appeal from the 435th District Court Montgomery County, Texas Trial Cause No. 13-12-13492 CR ____________________________________________ ____________

MEMORANDUM OPINION

A jury convicted Daphne Octavia Spurlock of injury to a child and

sentenced Spurlock to forty years in prison. Spurlock’s appellate counsel filed a

brief that presents counsel’s professional evaluation of the record and concludes

Spurlock’s appeal is frivolous. 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 Spurlock to file a pro se brief, but we received no response from

Spurlock. We have determined that this appeal is wholly frivolous. We have

1 independently examined the clerk’s record and the reporter’s record, and we agree

that no arguable issues support an appeal. We find it unnecessary to order

appointment of new counsel to re-brief the appeal. Compare Stafford v. State, 813

S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court’s judgment. 1

AFFIRMED.

________________________________ STEVE McKEITHEN Chief Justice

Submitted on September 11, 2014 Opinion Delivered September 24, 2014 Do Not Publish

Before McKeithen, C.J., Kreger and Johnson, JJ.

1 Spurlock may challenge our decision by filing a petition for discretionary review. See Tex. R. App. P. 68. 2