Schmitt, Edward Keith v. The State of Texas--Appeal from County Crim Court No 6 of Dallas County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

EDWARD KEITH SCHMITT, )

) No. 08-02-00148-CR

Appellant, )

) Appeal from the

v. )

) County Criminal Court #6

THE STATE OF TEXAS, )

) of Dallas County, Texas

Appellee. )

) (TC# MA01-65268-G)

)

O P I N I O N

Appellant, Edward Keith Schmitt, was convicted by a jury of the Class A misdemeanor of resisting arrest. The jury then sentenced him to one year of confinement in jail and assessed a fine of $4,000. Appellant perfected his appeal on March 1, 2002.

As of this date, a reporter=s record has not been filed in this appeal. On April 16 and again on June 14, 2002, the court reporter informed this Court that Appellant had not paid or made arrangements to pay the reporter=s fee to prepare the record. See Tex.R.App.P. 37.3(c)(2)(A). On July 10, 2002, this Court ordered the trial court to conduct a hearing to determine whether Appellant desired to prosecute this appeal, whether he had been deprived of a reporter=s record or effective assistance of counsel, and to make appropriate findings and recommendations. See Tex.R.App.P. 38.8(b). A record of that hearing, which was held on August 5, 2002, has been filed with this Court. Id. The record reflects that Appellant failed to appear at the hearing. The trial court has filed findings of fact and conclusions of law indicating Appellant does not desire to prosecute this appeal and has not been deprived of the reporter=s record or effective assistance of counsel.

On the basis of the trial court=s findings, we have considered the appeal without the reporter=s record or briefs. See Tex.R.App.P. 38.8(b). We find no fundamental error. Accordingly, the judgment of the trial court is affirmed.

February 13, 2003

DAVID WELLINGTON CHEW, Justice

Before Panel No. 1

Larsen, McClure, and Chew, JJ.

(Do Not Publish)