Charlse Zariea Spencer v. The State of Texas--Appeal from 75th District Court of Liberty County

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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-09-00441-CR ____________________ CHARLSE ZARIEA SPENCER, Appellant V. THE STATE OF TEXAS, Appellee _____________________________________________________________________ On Appeal from the 75th District Court Liberty County, Texas Trial Cause No. CR27612 _____________________________________________________________________ MEMORANDUM OPINION Charlse Zariea Spencer appeals her conviction for capital murder. TEX. PEN. CODE ANN. § 19.03(a)(8) (Vernon Supp. 2009)(intentional or knowing murder of an individual under six years of age). The State did not seek the death penalty and the trial court sentenced Spencer to a term of life imprisonment without parole. TEX. PEN. CODE ANN. § 12.31 (Vernon Supp. 2009); TEX. CODE CRIM. PROC. ANN. art. 37.071, § 1 (Vernon Supp. 2009). On appeal, Spencer s counsel filed a brief that presents counsel s professional evaluation of the record and concludes the appeal is frivolous. See Anders v. California, 1 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On April 1, 2010, we granted an extension of time for the appellant to file a pro se brief. We received no response from appellant. We 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. Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005); cf. 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STEVE McKEITHEN, Chief Justice Submitted on August 5, 2010 Opinion Delivered August 18, 2010 Do Not Publish Before McKeithen, C.J., Gaultney and Kreger, JJ. 1 Appellant may challenge our decision in this case by filing a petition for discretionary review. See TEX. R. APP. P. 68. 2

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