Duncan, Richard Kenneth v. State

• Court: Court of Appeals of Texas
• Decided: October 21, 2004
• Docket: 14-04-00323-CR
• Status: Published

Opinion

Affirmed and Memorandum Opinion filed October 21, 2004

Affirmed and Memorandum Opinion filed October 21, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00323-CR

NO. 14-04-00324-CR

RICHARD KENNETH DUNCAN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 248th District Court

Harris County, Texas

Trial Court Cause Nos. 849,611 & 849,612

M E M O R A N D U M   O P I N I O N

After a guilty plea to the offenses of possession of a controlled substance and delivery of a controlled substance, the trial court entered orders on March 23, 2001, deferring adjudication of guilt to both offenses.  As to the offense of possession, the trial court assessed a fine of $750.00 and placed appellant on ten years= deferred adjudication community supervision.  As to the offense of delivery, the trial court placed appellant on five years= deferred adjudication community service.  The State subsequently moved to adjudicate guilt in both cases.  Appellant pled true to the stipulation of evidence in both causes.  On March 5, 2004, appellant was convicted of the offense of possession with intent to deliver a controlled substance, and sentenced to twelve years= confinement in the Texas Department of Criminal Justice, Institutional Division (TDCJ-ID) and assessed a fine of $1,000.00.  On the same date, appellant was convicted of the offense of delivery of a controlled substance and was sentenced to five years= confinement in TDCJ-ID.

On September 9, 2004, this court ordered a hearing to determine why appellant's counsel had not filed briefs in these appeals.  On October 5, 2004, the trial court conducted the hearing.  The record of the hearing was filed in this court on October 11, 2004.

The trial court found appellant no longer desires to prosecute his appeals.

On the basis of those findings, this court has considered the appeals without briefs.   See Tex. R. App. P. 38.8(b)(4).

The cases are before us without a reporter=s record or bill of exception.  We find no fundamental error.

Accordingly, the judgments of the trial court are affirmed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed October 21, 2004.

Panel consists of Justices Anderson, Hudson, and Frost.

Do Not Publish C Tex. R. App. P. 47.2(b).