Royce Edward Larkin v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 9, 2023
• Docket: 09-22-00243-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

________________ NO. 09-22-00243-CR ________________

ROYCE EDWARD LARKIN, Appellant

V.

THE STATE OF TEXAS, Appellee

________________________________________________________________________

On Appeal from the 1A District Court Jasper County, Texas Trial Cause No. 13903JD ________________________________________________________________________

MEMORANDUM OPINION

Appellant Royce Larkin was convicted of murder, a first-degree felony, and

sentenced to life in the Institutional Division of the Texas Department of Criminal

Justice. See Tex. Penal Code Ann. § 19.02(b)(1). The jury also assessed a fine of

$10,000. We affirm.

Larkin’s appellate counsel filed an Anders brief that presents counsel’s

professional evaluation of the record and concludes the appeal is frivolous; he then

1 filed a motion to withdraw as counsel. See Anders v. California, 386 U.S. 738

(1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). Larkin was notified

of his right to file a pro se brief, but we received no response from Appellant. We

have reviewed the appellate record, and we agree with counsel’s conclusion that no

arguable issues support an appeal. 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). We affirm the trial court’s judgment.1

AFFIRMED.

________________________________ JAY WRIGHT Justice

Submitted on July 19, 2023 Opinion Delivered August 9, 2023 Do Not Publish

Before Golemon, C.J., Horton and Wright, JJ.

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