James Owen Spurlock v. State

Court of Appeals of Texas·Decided September 2, 2011·No. 06-11-00050-CR·Published

Opinion

                                                         In The

                                                Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

                                                ______________________________

                                                             No. 06-11-00050-CR

                                 JAMES OWEN SPURLOCK, Appellant

                                                                V.

                                     THE STATE OF TEXAS, Appellee

                                      On Appeal from the 402nd Judicial District Court

                                                             Wood County, Texas

                                                       Trial Court No. 19,457-2006

                                          Before Morriss, C.J., Carter and Moseley, JJ.

                                        Memorandum Opinion by Chief Justice Morriss


                                                     MEMORANDUM  OPINION

            James Owen Spurlock was convicted of aggravated sexual assault of disabled individual Elizabeth Brooke Alfred, and was sentenced to twenty years’ imprisonment.  Spurlock has filed a single brief, in which he raises an issue common to all of his appeals.[1]  He argues that the trial court committed reversible error in denying his post-conviction motion for DNA testing.

            We addressed this issue in detail in our opinion of this date on Spurlock’s appeal in cause number 06-11-00049-CR.  For the reasons stated therein, we likewise conclude that error has not been shown in this case.

            We affirm the trial court’s judgment.

                                                                        Josh R. Morriss, III

                                                                        Chief Justice

Date Submitted:          August 22, 2011

Date Decided:             September 2, 2011

Do Not Publish



[1]Spurlock appeals from another conviction of aggravated sexual assault of Joy Lauren Thomas, a disabled individual, in our cause number 06-11-00049-CR.

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James Owen Spurlock v. State, (Tex. Ct. App. 2011).

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