David Heath Fouse v. The State of Texas--Appeal from 8th District Court of Hopkins County
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In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-09-00112-CR ______________________________ DAVID HEATH FOUSE, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 8th Judicial District Court Hopkins County, Texas Trial Court No. 0820360 Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Moseley MEMORANDUM OPINION David Heath Fouse has filed an appeal from six convictions. Three are for the first-degree felony of aggravated sexual assault on a child (under fourteen B.P.), and three are for the second-degree felony of sexual assault on a child (under seventeen R.R. and C.J.). A single brief has been filed to address all six appeals. Fouse testified at trial. He admitted that he was convicted in 1999 of the felony offense of assault on a peace officer and the state-jail felony offense of burglary of a building, and admitted having sexual intercourse with B.P. and C.J. This appeal is from his conviction for aggravated sexual assault on a child, on B.P. There are no issues raised or argument made concerning this conviction. When a point of error is inadequately briefed, we will not address it. Vuong v. State, 830 S.W.2d 929 (Tex. Crim. App. 1992). This situation goes one step beyond simple inadequate briefing. Points are not merely inadequately briefed, they are not raised at all. This Court is not the appellant s advocate. Although we have an interest in a just adjudication, we also have an interest in remaining impartial. Ex parte Lowery, 840 S.W.2d 550, 552 n.1 (Tex. App. Dallas 1992), rev d on other grounds, 867 S.W.2d 41 (Tex. 1993). Thus, we will not brief a defendant s case for him. Heiselbetz v. State, 906 S.W.2d 500, 512 (Tex. Crim. App. 1995); see Busby v. State, 253 S.W.3d 661, 673 (Tex. Crim. App. 2008); see Lawton v. State, 913 S.W.2d 542, 554 (Tex. Crim. App. 1995), overruled on other grounds by Mosley v. State, 983 S.W.2d 249 (Tex. Crim. App. 1998). 2 Further, the Texas Court of Criminal Appeals has explicitly held that an appellate court cannot reverse a case on a theory not presented to the trial court or raised on appeal. Gerron v. State, 97 S.W.3d 597 (Tex. Crim. App. 2003); Hailey v. State, 87 S.W.3d 118 (Tex. Crim. App. 2002). With no arguments or theories to support a request for reversal being made in connection with this conviction on appeal, there is nothing before this Court which we may review. We affirm the judgment. Bailey C. Moseley Justice Date Submitted: Date Decided: April 28, 2010 April 29, 2010 Do Not Publish 3
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