Stewart, John Edward v. State

• Court: Court of Appeals of Texas
• Decided: July 8, 2004
• Docket: 14-04-00173-CR
• Status: Published

Opinion

Affirmed and Memorandum Opinion filed July 8, 2004

Affirmed and Memorandum Opinion filed July 8, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00173-CR

JOHN EDWARD STEWART, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Count Criminal Court at Law No. 2

Harris County, Texas

Trial Court Cause No. 1195709

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 offense of driving while intoxicated, and was sentenced on February 17, 2004, to 180 days in the Harris County Jail, and a fine of $950.00.

On April 15, 2004, this court ordered a hearing to determine why appellant's counsel had not filed a brief in this appeal.  On May 3, 2004, the trial court conducted the hearing.  The record of the hearing was filed in this court on May 12, 2004.  At the hearing on May 3, 2004, appellant was unable to decide whether to continue his appeal.  The judge continued the hearing to May 10, 2004, clearly indicating to appellant that if appellant did not show at the hearing on May 10, 2004, the failure to attend would constitute appellant=s decision not to continue his appeal.  Appellant did not show at the May 10, 2004, hearing.  Accordingly, the trial court concluded that appellant chose not to appeal his conviction.

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).

The case is before us without a reporter=s record or bill of exception.  We find no fundamental error.

Accordingly, the judgment of the trial court is affirmed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed July 8, 2004.

Panel consists of Justices Fowler, Edelman, and Seymore.

Do Not Publish C Tex.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