Pena, Felipe v. State

• Court: Court of Appeals of Texas
• Decided: July 17, 2003
• Docket: 14-03-00259-CR
• Status: Published

Opinion

Affirmed and Memorandum Opinion filed July 17, 2003

Affirmed and Memorandum Opinion filed July 17, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-00259-CR

FELIPE PENA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Criminal Court at Law No. 11

Harris County, Texas

Trial Court Cause No. 1102540

M E M O R A N D U M   O P I N I O N

After a guilty plea, appellant was convicted of the misdemeanor offense of unlawfully carrying a weapon.  On February 24, 2003, the trial court sentenced appellant to eight days in the Harris County Jail, and assessed a fine of $500.  Appellant filed a notice of appeal, and the trial court entered a certification of the defendant=s right of appeal in which the court certified that this is a plea bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal. 

On June 12, 2003, this Court ordered a hearing to determine why appellant=s retained counsel had not filed a brief in this appeal.  On June 26, 2003, the trial court conducted the hearing, at which appellant and his counsel were present.  The record of the hearing was filed in this Court on July 7, 2003.

Based upon appellant=s testimony at the hearing that he did not wish to prosecute the appeal, the trial court found appellant no longer desires to prosecute his appeal.  On the basis of that finding, this Court has considered the appeal 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 July 17, 2003.

Panel consists of Chief Justice Brister and Justices Fowler and Edelman.

Do Not Publish C Tex.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