Steven Jennings Ormsbee v. State

In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-17-00097-CR
____________________
STEVEN JENNINGS ORMSBEE, Appellant
V.
THE STATE OF TEXAS, Appellee
_______________________________________________________ ______________
On Appeal from the 9th District Court
Montgomery County, Texas
Trial Cause No. 16-07-07908-CR
________________________________________________________ _____________
MEMORANDUM OPINION
In this appeal, Steven Jennings Ormsbee’s court-appointed appellate counsel
submitted a brief in which counsel contends that no arguable grounds can be
advanced to support Ormsbee’s appeal from his conviction for assaulting C.S.,1 his
1
To protect the victim’s privacy, we identify her by using her initials. See
Tex. Const. art. I, § 30 (granting crime victims “the right to be treated with fairness
and with respect for the victim’s dignity and privacy throughout the criminal justice
process”).
1
girlfriend. See Tex. Penal Code Ann. § 22.01(b)(2) (West Supp. 2018). Following
Ormsbee’s conviction, the trial court sentenced Ormsbee to a fifteen-year sentence
because his conviction for assaulting C.S. subjected him to the punishment available
for third-degree felonies based on his stipulation admitting that he had been
previously convicted for assaulting a family member. 2 The third-degree felony was
further enhanced based on Ormsbee’s plea of true to the allegation in his indictment
that he had a prior conviction for robbery. 3 See Tex. Penal Code Ann. § 12.42(a)
(West Supp. 2018). Based on our review of the record, we agree that no arguable
issues exist to support Ormsbee’s appeal.
On appeal, Ormsbee’s counsel filed a brief presenting counsel’s professional
evaluation of the record. In the brief, Ormsbee’s counsel concludes that Ormsbee’s
appeal is frivolous because no meritorious issues can be argued to support it. See
Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex.
Crim. App. 1978). After Ormsbee’s counsel filed his brief, we granted an extension
of time to allow Ormsbee to file a pro se response. However, he did not do so.
2
Ormsbee signed a stipulation prior to his trial that in 2015, he was convicted
for assaulting a family member in Cause Number 143503701010, a case filed in
Harris County.
3
Ormsbee admitted during the punishment phase of his trial that in 2005 he
was convicted of robbery in Cause Number 103761001010, a case filed in Harris
County.
2
After reviewing the appellate record and the Anders brief filed by Ormsbee’s
counsel, we agree with counsel’s conclusion that any appeal would be frivolous.
Therefore, we need not order the appointment of new counsel to re-brief Ormsbee’s
appeal. Cf. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991) (requiring
court appointment of other counsel only if it is determined arguable grounds exist to
support the appeal). Accordingly, we affirm the trial court’s judgment. 4
AFFIRMED.
_________________________
HOLLIS HORTON
Justice
Submitted on August 13, 2018
Opinion Delivered October 31, 2018
Do Not Publish
Before McKeithen, C.J., Horton and Johnson, JJ.
4
Ormsbee may challenge our decision in the case by filing a petition for
discretionary review. See Tex. R. App. P. 68.
3