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Saddler v. State

Court of Appeals Ninth District of Texas at Beaumont
Oct 14, 2020
NO. 09-19-00212-CR (Tex. App. Oct. 14, 2020)

Opinion

NO. 09-19-00212-CR

10-14-2020

TONY MONSHEY SADDLER, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 435th District Court Montgomery County, Texas
Trial Cause No. 17-09-11241

MEMORANDUM OPINION

Tony Monshey Saddler appeals his conviction for assault causing bodily injury to a family member, enhanced to a second-degree felony. After reviewing the appellate brief filed by Saddler's appointed counsel, we note that his brief presents statements, factual assertions, and arguments that are unclear or incomplete, and fails to include any citations to the record. An appellant's brief must contain (1) a statement of the case concisely stating the nature of the case, the course of the proceedings, and the trial court's disposition, each of which should be supported by citation to the record, (2) a statement of facts that must be supported by record references, and (3) "a clear and concise argument for the contentions made, with appropriate citations to authorities and to the record." Tex. R. App. P. 38.1(d), (g), (i). When an appellate issue is unsupported by argument or lacks citation to the record or legal authority, nothing is preserved for review. See Wolfe v. State, 509 S.W.3d 325, 342-43 (Tex. Crim. App. 2017); Tong v. State, 25 S.W.3d 707, 710 (Tex. Crim. App. 2000). Accordingly, an appellant may forfeit error through his failure to brief adequately. See Leza v. State, 351 S.W.3d 344, 358 (Tex. Crim. App. 2011).

An appellate court has no obligation to construct and compose an appellant's issues, facts, and arguments with appropriate citations to authorities and the record. Lucio v. State, 351 S.W.3d 878, 896-97 (Tex. Crim. App. 2011); Busby v. State, 253 S.W.3d 661, 673 (Tex. Crim. App. 2008). We conclude that Saddler's complaints are inadequately briefed, and because we have no obligation to consider inadequately briefed points of error, we overrule Saddler's complaints. See Tex. R. App. P. 38.1(d), (g), (i); Busby, 253 S.W.3d at 673. We affirm the trial court's judgment.

AFFIRMED.

/s/_________

STEVE McKEITHEN

Chief Justice Submitted on May 6, 2020
Opinion Delivered October 14, 2020
Do Not Publish Before McKeithen, C.J., Horton and Johnson, JJ.


Summaries of

Saddler v. State

Court of Appeals Ninth District of Texas at Beaumont
Oct 14, 2020
NO. 09-19-00212-CR (Tex. App. Oct. 14, 2020)
Case details for

Saddler v. State

Case Details

Full title:TONY MONSHEY SADDLER, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Ninth District of Texas at Beaumont

Date published: Oct 14, 2020

Citations

NO. 09-19-00212-CR (Tex. App. Oct. 14, 2020)

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