Matthew Turner Curry v. State

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Do Not Publish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.