Opinion
NO. 03-15-00105-CR
02-02-2016
Justin Murphy, Appellant v. The State of Texas, Appellee
FROM THE COUNTY COURT AT LAW NO. 3 OF TRAVIS COUNTY
NO. C-1-CR-07-200104, HONORABLE JON N. WISSER, JUDGE PRESIDINGMEMORANDUM OPINION
Appellant Justin Murphy was convicted in 2007 of the misdemeanor offense of driving while intoxicated. He subsequently sought post-conviction habeas-corpus relief in the trial court below, asserting that his trial counsel had rendered ineffective assistance. The trial court conducted an evidentiary hearing, made findings of fact and conclusions of law, and rendered judgment denying relief. Murphy then perfected this appeal. Subsequently, however, Murphy filed a motion requesting us to remand the cause to the trial court so as to enable him to present "newly discovered evidence" that, in his view, would be material to his ineffective-assistance claim. We denied the motion, concluding that we lacked authority to remand the case under the circumstances presented.
Following an extension of time, Murphy filed his appellant's brief. Through his extension motion and brief, he has asserted that our ruling denying remand was singularly fatal to his appeal, going so far as to term his appeal "meritless" on the current appellate record. In light of this concession, we will proceed to affirm the trial court's judgment.
/s/_________
Bob Pemberton, Justice Before Chief Justice Rose, Justices Pemberton and Bourland Affirmed Filed: February 2, 2016 Do Not Publish
See Murphy v. State, No. 03-15-00105-CR (Tex. App.—Austin Nov. 24, 2015) (per curiam order).