Kierston Reschke v. State

Opinion

Affirmed and Opinion Filed November 25, 2014.

Court of Appeals

S In The

Fifth District of Texas at Dallas No. 05-14-00149-CR

KIERSTON RESCHKE, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law No. 2 Kaufman County, Texas

Trial Court Cause No. 11CL-1081-2

MEMORANDUM OPINION

Before Justices FitzGerald, Lang, and Brown Opinion by Justice Lang

A jury convicted Kierston Reschke of driving while intoxicated. The trial court assessed punishment at 180 days’ confinement in jail, probated for two years, and a $750 fine. We adopted the trial court’s finding that appellant has abandoned her appeal, and we ordered the appeal submitted without the reporter’s record and briefs. See TEX. R. APP. P. 37.3(c), 38.8(b)(4). Absent briefs, no issues are before us.

Finding no fundamental error, we affirm the trial court’s judgment. 1

/Douglas S. Lang/ DOUGLAS S. LANG JUSTICE

Do Not Publish TEX. R. APP. P. 47 140149F.U05

1 Although not fundamental error, we note the trial court number at the top of the trial court’s judgment is 13CL-0294-2, whereas all of the other documents in the clerk’s record contain trial court no. 11CL-1081-2. It appears this discrepancy is a clerical error correctable by judgment nunc pro tunc. See Smith v. State, 15 S.W.3d 294, 298–99 (Tex. App.–Dallas 2000, no pet.) .

S

Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

KIERSTON RESCHKE, Appellant On Appeal from the County Court at Law No. 2, Kaufman County, Texas No. 05-14-00149-CR V. Trial Court Cause No. 11CL-1081-2.

Opinion delivered by Justice Lang. Justices THE STATE OF TEXAS, Appellee FitzGerald and Brown participating.

Based on the Court’s opinion of this date, we AFFIRM the trial court’s judgment.

Judgment entered this 25th day of November, 2014.