Gardea, Jose v. The State of Texas--Appeal from 161st District Court of Ector County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

JOSE GARDEA, )

) No. 08-01-00297-CR

Appellant, )

) Appeal from the

v. )

) 161st District Court

THE STATE OF TEXAS, )

) of Ector County, Texas

Appellee. )

) (TC# B-28,661)

)

O P I N I O N

The Appellant was found guilty of aggravated assault by a jury and sentenced to 5 years imprisonment. We affirm.

On September 27, 2001, this Court entered an order requiring the trial court to hold a hearing for the purpose of determining why no reporter=s record had been filed. The trial court held a hearing and filed his findings that: (1) Appellant was not indigent; (2) Appellant had not made financial arrangements with the court reporter; and (3) Appellant whereabouts were unknown. On October 23, 2001, this Court ordered the case to be submitted on the clerk=s record only and that the Appellant=s brief was due on November 22, 2001.

On January 7, 2002, this Court ordered the trial court to determine whether the Appellant desired to prosecute his appeal, whether he had been deprived of effective assistance of counsel, and make findings and recommendations. The trial court held a hearing on February 21, 2002, and found that: (1) the Appellant had failed to pay his retained attorney or cooperate with his attorney; (2) the Appellant had failed to pay for a reporter=s record; and (3) the Appellant had absconded.

Accordingly, on March 5, 2002, this Court ordered that the appeal shall be considered without briefs. See Tex.R.App.P. 38.8(b)(4).

We have considered the record before us and finding no error, we affirm the judgment of the trial court.

February 13, 2003

DAVID WELLINGTON CHEW, Justice

Before Panel No. 1

Larsen, McClure, and Chew, JJ.

(Do Not Publish)