McBride, Jr., David v. State

• Court: Court of Appeals of Texas
• Decided: October 9, 1998
• Docket: 05-97-02144-CR
• Status: Published

Opinion

%)• 5^0^

Qlourt of Appeals W\iVc\ Itstrtct of Gkxas at Dallas No. 05-97-02144-CR

DAVID MCBRIDE, JR., Appellant Appeal from the County Criminal Court No. 6 of Dallas County, Texas. (Tr.Ct.No. v. MA97-75027-G). Opinion delivered by Justice Lagarde, THE STATE OF TEXAS, Appellee Justices Kinkeade and Wright participating.

JUDGMENT

Based on the Court's opinion of this date, the judgment of the trial court is AFFIRMED.

Judgment entered October 9, 1998.

IZjus SUE LAGARDE JUSTICE AFFIRM; Opinion filed October 9, 1998

In The

(Uourt of Appeals iFtfttf Ststrtrt of Gkxas at Ballas No. 05-97-02144-CR

DAVID MCBRIDE, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Criminal Court No. 6 Dallas County, Texas Trial Court Cause No. MA97-75027-G

OPINION

Before Justices Lagarde, Kinkeade, and Wright Opinion By Justice Lagarde

David McBride, Jr. appeals his conviction for cruelty to animals. A jury found

appellant guilty of the offense and assessed punishment at 180 days' confinement, probated, and a $1,000 fine.

On October 2, 1998, we adopted the trial court's findings that (1) appellant has not

timely filed a brief, (2) appellant is not indigent, (3) appellant has not retained counsel, and (4) appellant has failed to comply with the rules of appellate procedure. We concluded the

failure to file the reporter's record was due to appellant's fault and that appellant has

abandoned the appeal; therefore 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 appellant's brief, no points of error are properly before the Court. Our

examination of the records does not reveal any fundamental error. Accordingly, we affirm

the trial court's judgment.

SUE LAGARDE JUSTI

Do Not Publish Tex. R. App. P. 47.3 972144F.U05

.">. Fifth Court of Appeals Case Party & Attorney Address List Page: 1 Date Printed: 10/09/1998

Case Number: 05-97-02144-CR Date Filed: 12/11/1997

Style: McBride, Jr., David v.

The State of Texas

APP David McBride, Jr. OTH 059702144 4549 Arcady Dallas, TX 75205 Phone 214/522-8007

CLK County Clerk DCK 00000CCC6 County Criminal Court No. 6 Frank Crowley Courts Building 133 N. Industrial Blvd Dallas, TX 75207

JDG Judge JDG 00000CCC6 County Criminal Court No. 6 Frank Crowley Courts Building 133 N. Industrial Blvd Dallas, TX 75207

STA Sue Korioth ATT 011681975 Assistant District Attorney Frank Crowley Courts Building 133 North Industrial Blvd., LB 19 Dallas, TX 75207 Phone 214/653-3629 Fax 215/653-3643 s,^-:iSi^^ii:^W^;/^^*^'.;^^*S

Author of Opinion by Justice Lagarde

Rehear denied

**THIS CASE IS RELEASED FOR PUBLICATION YES / NO