Jacob Reashaw Herndon v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: November 7, 2023
• Docket: 01-23-00192-CR
• Status: Published

Opinion

Opinion issued November 7, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00192-CR ——————————— JACOB REASHAW HERNDON, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the County Criminal Court at Law No. 5 Harris County, Texas Trial Court Case No. 2410721

MEMORANDUM OPINION

After a jury trial, appellant Jacob Reashaw Herndon was convicted of the

Class B misdemeanor offense of criminal trespass and was sentenced to 180 days

in the county jail. Appellant filed a pro se notice of appeal and filed a document

purporting to request that he be allowed to proceed without payment of fees or

costs. The reporter’s record was not filed and the court reporter advised this Court

that appellant had not made payment arrangements for the filing of the reporter’s

record. On August 3, 2023, this Court issued an order abating the appeal and

remanding to the trial court for a hearing to determine if appellant no longer

wished to proceed with his appeal, or if he did, whether he was indigent and

entitled to appointment of counsel and an appellate record at no cost.

A supplemental reporter’s record was filed on August 22, 2023 and a

supplemental clerk’s record was filed on August 30, 2023. These records indicate

that appellant was notified of the hearing in the trial court set for August 11, 2023

by email and by certified mail, return receipt requested. Appellant failed to appear

at the hearing. The trial court determined that appellant no longer wished to

proceed with his appeal.

On the basis of the trial court’s finding, this Court has considered the appeal

without briefs. See TEX. R. APP. P. 38.8(b). Moreover, the case is before this

Court without a reporter’s record. We find no fundamental error.

Accordingly, we affirm the judgment of the trial court.

PER CURIAM

Panel consists of Justices Kelly, Landau, and Farris.

Do not publish. TEX. R. APP. P. 47.2(b).