Guevara, Israel Rodriguez v. The State of Texas--Appeal from 238th District Court of Midland County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

ISRAEL RODRIGUEZ GUEVARA, )

) No. 08-02-00130-CR

Appellant, )

) Appeal from the

v. )

) 238th District Court

THE STATE OF TEXAS, )

) of Midland County, Texas

Appellee. )

) (TC# CR-26,457)

)

O P I N I O N

Appellant Israel Rodriguez Guevara appeals his conviction for the offense of arson. The jury found Appellant guilty and assessed punishment at 5 years= imprisonment in the Institutional Division of the Texas Department of Criminal Justice and a fine of $1,000. We affirm.

PROCEDURAL BACKGROUND AND DISCUSSION

Following his conviction, Appellant posted an appeal bond and his retained counsel filed a notice of appeal on Appellant=s behalf on April 19, 2002. An extension to file the reporter=s record was granted on June 11, 2002, which extended the filing deadline to August 25, 2002. On August 5, 2002, Appellant=s counsel filed a motion to withdraw because Appellant had failed to pay his attorney=s fees or make financial arrangements with the court reporter. Pursuant to this Court=s order dated August 9, 2002, the trial court conducted a hearing on August 23, 2002, to determine whether Appellant wished to continue with the appeal, if he was entitled to

court-appointed counsel, or if he wished to proceed pro se. In the trial court=s written findings signed on September 3, 2002, it determined that Appellant was not indigent, wished to continue with the appeal, and did not wish to proceed pro se.

By letter dated September 12, 2002, this Court informed Appellant that on its own motion we were extending the time to file the reporter=s record to October 12, 2002. In the same letter, we informed Appellant that if no reporter=s record was filed by such date, the Court would reconsider Appellant counsel=s motion to withdraw and would submit the case on the clerk=s record alone, without briefs. By letters dated October 8, 2002 and October 18, 2002, the court reporter notified this Court that Appellant had not designated the record and had failed to make financial arrangements. On October 24, 2002, this Court granted Appellant=s counsel=s motion to withdraw and ordered that the appeal be submitted on the clerk=s record alone. This cause was set for submission without oral argument for February 25, 2003. With the assistance of new retained counsel, Appellant filed a motion for extension of time in which to pay for the reporter=s record and requested that the submission date be vacated. By order dated February 20, 2003, the Court granted the motion, vacated the submission date, and ordered Appellant to make financial arrangements to pay for the reporter=s record by March 19, 2003. By letter dated March 19, 2003, the court reporter informed the Court that no designation of the record or financial arrangements had been made as of that date.

On March 26, 2003, Appellant filed a second motion for extension of time to file the reporter=s record. The Court denied Appellant=s motion in accordance with the memorandum opinion on the motion issued on April 24, 2003. In that opinion, this Court determined that Appellant had been given notice and reasonable opportunity to cure the defect under Tex.R.App.P. 37.3(c) and that Appellant had failed to provide any excuse, reasonable or otherwise, for his failure to pay for the reporter=s fee by the due date pursuant to Tex.R.App.P. 10.5(b)(1)(C). On May 7, 2003, the Court denied Appellant=s motion to reconsider his second motion for extension of time to file the reporter=s record. This cause has been submitted on the clerk=s record alone, without briefs. See Tex.R.App.P. 38.8(b)(4), 37.3(c).

In the interest of justice, we have reviewed the entire record for the purpose of determining whether fundamental unassigned error exists. See Lott v. State, 874 S.W.2d 687, 688 (Tex.Crim.App. 1994). Having found no such error, the judgment of the trial court is affirmed.

February 5, 2004

DAVID WELLINGTON CHEW, Justice

Before Panel No. 1

Larsen, McClure, and Chew, JJ.

(Do Not Publish)