Court of Civil Appeals of Texas, 2021

Matthew Turner Curry v. State

Matthew Turner Curry v. State
Court of Civil Appeals of Texas · Decided February 3, 2021

Matthew Turner Curry v. State

Opinion

In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-19-00417-CR __________________ MATTHEW TURNER CURRY, Appellant V. THE STATE OF TEXAS, Appellee __________________________________________________________________ On Appeal from the 9th District Court Montgomery County, Texas Trial Cause No. 19-02-02517-CR __________________________________________________________________ MEMORANDUM OPINION In an open plea, appellant Matthew Turner Curry pleaded guilty to aggravated sexual assault of a child under six years of age. After conducting a sentencing hearing, the trial court assessed Curry’s punishment at life in prison.

Curry’s appellate counsel filed an Anders brief that presents counsel’s professional evaluation of the record and concludes that the appeal is frivolous. See Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex.

Crim. App. 1978). On September 14, 2020, we granted an extension of time for Curry to file a pro se brief. We received no response from Curry.

We reviewed the appellate record, and we agree with counsel’s conclusion that no arguable issues support the 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.

_________________________ W. SCOTT GOLEMON Chief Justice

Submitted on January 26, 2021 Opinion Delivered February 3, 2021 Do Not Publish Before Golemon, C.J., Horton and Johnson, JJ.

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

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