Perez, Guillermo v. The State of Texas--Appeal from County Court at Law No 4 of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

GUILLERMO PEREZ,

Appellant,

v.

THE STATE OF TEXAS,

Appellee.

'

'

'

'

'

'

No. 08-02-00078-CR

Appeal from the

County Court at Law No. 4

of El Paso County, Texas

(TC# 20010C00109)

MEMORANDUM OPINION

Guillermo Perez appeals his conviction for burglary of a vehicle. Finding that neither reporter=s record nor appellant=s brief has been filed in the appeal, that appellant has been given notice and opportunity to cure defects, and that there is no fundamental error apparent in the record, we affirm.

Facts

Guillermo Perez was charged by information with burglary of a vehicle. He pleaded guilty and was assessed a sentence of twelve months community supervision and $100 fine. He filed a general notice of appeal. The clerk=s record was filed March 26, 2002. Any reporter=s record was due March 29, 2002. On March 29, 2002, the court reporter wrote to the clerk of this Court stating that she had not received a designation of record from appellant, nor had he made financial arrangements for preparation of the reporter=s record. On April 3, 2002, this Court ordered the trial court to hold a hearing on the issue of whether appellant had been deprived of a record, if he was receiving ineffective assistance of counsel, and whether he was entitled to a record at county expense or court-appointed counsel on appeal. County Court at Law No. 4 held that hearing on April 12, 2002, and made findings of fact based on the evidence received there. The court found that appellant intended to retain an attorney to represent him on appeal, that appellant declined to be considered for court-appointed counsel, and thus he had not been denied access to counsel. The trial court recommended that the court reporter be granted an appropriate amount of time within which to file the record. Appellant was informed during the hearing that the court reporter=s charge for producing the record would be approximately $160. He stated he would pay her immediately and he did not want a court-appointed attorney.

More than seven months have passed since that hearing, without the filing of a reporter=s record, further correspondence, appearance of counsel, or appellant=s brief. On November 4, 2002, we set the case for submission on the clerk=s record on December 19, 2002.

We believe that Perez has had notice and reasonable opportunity to cure the failure to file a reporter=s record or brief. Tex. R. App. P. 38.8(b)(2). We further find that the failure to file a reporter=s record is due to appellant=s fault. Tex. R. App. P. 37.3(c). Although appellant has not filed a brief, we may consider the appeal without one in these circumstances. Tex. R. App. P. 38.8(b)(4); Lott v. State, 874 S.W.2d 687, 688 (Tex. Crim. App. 1994).

No issue has been presented for consideration. We have reviewed appellant=s case for fundamental error and we find none.

Conclusion

We affirm the judgment of the trial court.

SUSAN LARSEN, Justice

January 9, 2003

Before Panel No. 4

Barajas, C.J., Larsen, and McClure, JJ.

(Do Not Publish)