John Sebastian Holmes v. State

• Court: Court of Appeals of Texas
• Decided: March 29, 2007
• Docket: 14-06-01070-CR
• Status: Published

Opinion

Affirmed and Memorandum Opinion filed March 29, 2007

Affirmed and Memorandum Opinion filed March 29, 2007.

In The

Fourteenth Court of Appeals

____________

NOS. 14-06-01067-CR;

          14-06-01070-CR

JOHN SEBASTIAN HOLMES, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 232nd District Court

Harris County, Texas

Trial Court Cause Nos. 1074122 & 1074123

M E M O R A N D U M   O P I N I O N

After a jury trial, appellant was convicted of the offenses of possession of heroin and possession of cocaine with intent to deliver, and sentenced in each cause on November 14, 2006, to 40 years in the Institutional Division of the Texas Department of Criminal Justice.  The judgment ordered the sentences to run concurrently.

On March 1, 2007, this court ordered a hearing to determine why appellant's counsel had not filed a brief in this appeal.  On March 6, 2007, the trial court conducted the hearing.  The hearing record of the hearing was filed in this court on March 16, 2007.  The supplemental clerk=s records were filed on March 7, 2007.

The trial court found appellant is not indigent and has abandoned his appeals without making the necessary arrangements for filing a brief.

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

We find no fundamental error.

Accordingly, the judgment of the trial court is affirmed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed March 29, 2007.

Panel consists of Justices Yates, Anderson, and Hudson.

Do Not Publish C Tex.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