James Owen Spurlock v. The State of Texas--Appeal from 402nd Judicial District Court of Wood County

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In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-11-00050-CR ______________________________ JAMES OWEN SPURLOCK, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 402nd Judicial District Court Wood County, Texas Trial Court No. 19,457-2006 Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Chief Justice Morriss MEMORANDUM OPINION James Owen Spurlock was convicted of aggravated sexual assault of disabled individual Elizabeth Brooke Alfred, and was sentenced to twenty years imprisonment. Spurlock has filed a single brief, in which he raises an issue common to all of his appeals. 1 He argues that the trial court committed reversible error in denying his post-conviction motion for DNA testing. We addressed this issue in detail in our opinion of this date on Spurlock s appeal in cause number 06-11-00049-CR. For the reasons stated therein, we likewise conclude that error has not been shown in this case. We affirm the trial court s judgment. Josh R. Morriss, III Chief Justice Date Submitted: Date Decided: August 22, 2011 September 2, 2011 Do Not Publish 1 Spurlock appeals from another conviction of aggravated sexual assault of Joy Lauren Thomas, a disabled individual, in our cause number 06-11-00049-CR. 2

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