Lacie Renee Jarvis v. The State of Texas Appeal from 9th District Court of Montgomery County (memorandum opinion)
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In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-22-00143-CR __________________ LACIE RENEE JARVIS, Appellant V. THE STATE OF TEXAS, Appellee __________________________________________________________________ On Appeal from the 9th District Court Montgomery County, Texas Trial Cause No. 20-06-07656-CR __________________________________________________________________ MEMORANDUM OPINION Lacie Renee Jarvis appeals her conviction for injury to a child, a first-degree felony. 1 After filing the notice of appeal, the trial court appointed an attorney to represent Jarvis in her appeal. The attorney discharged his responsibilities to Jarvis by filing an Anders brief.2 1See 2See Tex. Penal Code Ann. § 22.04(b)(1). Anders v. California, 386 U.S. 738, 744 (1967). 1 In the brief, Jarvis’s attorney represents there are no arguable reversible errors to be addressed in Jarvis’s appeal. 3 The brief the attorney filed contains a professional evaluation of the record. In the brief, Jarvis’s attorney explains why, under the record in Jarvis’s case, no arguable issues exist to reverse the trial court’s judgment.4 Jarvis’s attorney also represented that he sent Jarvis a copy of the brief and the record. When the brief was filed, the Clerk of the Ninth Court of Appeals notified Jarvis, by letter, that she could file a pro se brief or response with the Court on or before July 19, 2022. Jarvis, however, failed to respond. When an attorney files an Anders brief, we are required to independently examine the record and determine whether the attorney assigned to represent the defendant has a non-frivolous argument that would support the appeal.5 After reviewing the clerk’s record, the reporter’s record, and the attorney’s brief, we agree there are no arguable grounds to support the appeal. Thus, it follows the appeal is frivolous. 6 3See 4Id. 744). id.; High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). 5Penson v. Ohio, 488 U.S. 75, 80 (1988) (citing Anders, 386 U.S. at Bledsoe v. State, 178 S.W.3d 824, 827-28 (Tex. Crim. App. 2005) (“Due to the nature of Anders briefs, by indicating in the opinion that it considered the issues raised in the briefs and reviewed the record 6See 2 For that reason, we need not require the trial court to appoint another attorney to re-brief the appeal.7 The trial court’s judgment is affirmed. AFFIRMED. _________________________ HOLLIS HORTON Justice Submitted on July 26, 2023 Opinion Delivered August 2, 2023 Do Not Publish Before Horton, Johnson and Wright, JJ. for reversible error but found none, the court of appeals met the requirements of Texas Rule of Appellate Procedure 47.1.”). 7See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). Jarvis may challenge our decision in the case by filing a petition for discretionary review. See Tex. R. App. P. 68. 3
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