Swift, Christopher Jay

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,186 CHRISTOPHER JAY SWIFT, Appellant

v.

THE STATE OF TEXAS

ON DIRECT APPEAL FROM CAUSE NO. F-2003-1720-C

IN THE 211^TH JUDICIAL DISTRICT COURT

DENTON COUNTY

Holcomb, J., delivered the opinion of the Court.

O P I N I O N

In April 2005, a jury convicted appellant of capital murder. Tex. Penal Code Ann. § 19.03(a). Based on the jury's answers to the special issues set forth in Texas Code of Criminal Procedure Article 37.071, sections 2(b) and 2(e), the trial judge sentenced appellant to death. Art. 37.071, § 2(g). ⁽¹⁾ Direct appeal to this Court is automatic. Art. 37.071, § 2(h). We affirm.

Appellant was represented by counsel at trial. The court originally appointed an attorney to represent him on direct appeal. However, appellant insisted that he did not want counsel. In a hearing on the matter, the trial court determined that appellant had been evaluated by an expert who concluded that he was competent to make the decision to represent himself. The court thereafter fully admonished appellant of the dangers and disadvantages of self-representation, found that appellant made his decision voluntarily and intelligently, and dismissed appellate counsel. See Martinez v. State, 163 S.W.3d 88, 90 n.1 (Tex. App.- Amarillo 2004)(citing Webb v. State, 533 S.W.2d 780 (Tex. Crim. App. 1976)).

Appellant did not file a brief on his behalf in this appeal. ⁽²⁾ We therefore submitted the case without the benefit of briefs and, in the interest of justice, reviewed the entire record. Having found no unassigned fundamental error, we affirm the judgment and sentence of the trial court.

DELIVERED: SEPTEMBER 20, 2006

DO NOT PUBLISH

1. Unless otherwise indicated all references to Articles refer to the Code of Criminal Procedure.

2. Before he was released from his duties to appellant, appointed counsel prepared and sent a brief to this Court on appellant's behalf. Counsel's brief was received by the Court, but is not considered filed in the case.