Harper, Shamia LeShea v. The State of Texas--Appeal from 400th District Court of Fort Bend County

Affirmed and Opinion filed  January 9, 2003.

In The

Fourteenth Court of Appeals

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NO. 14-02-00934-CR

NO. 14-02-00935-CR

NO. 14-02-00936-CR

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SHAMIA LASHEA HARPER, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 400th District Court

Fort Bend County, Texas

Trial Court Cause Nos. 34,796; 35,380 & 35,636

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M E M O R A N D U M O P I N I O N

Appellant entered a guilty plea without an agreed recommendation as to punishment in each of these cases. On July 26, 2002, appellant was sentenced to confinement in the Institutional Division of the Texas Department of Criminal Justice for ten years. Appellant filed a pro se notice of appeal.

On December 12, 2002, this court ordered a hearing to determine why appellant had not filed a brief in this appeal. On December 27, 2002, the trial court conducted the hearing. The record of the hearing was filed in this court on December 30, 2002.

At the hearing, appellant was present with her counsel. The trial court suspended the remainder of appellant s sentence and placed her on probation for ten years. Appellant testified that she had discussed the matter with her attorney and she no longer wished to continue her appeal. Accordingly, the trial court found appellant no longer desires to prosecute her appeal.

On the basis of that finding, this court has considered the appeal without briefs. See Tex. R. App. P. 38.8(b). We find no fundamental error. Accordingly, the judgment of the trial court is affirmed.

PER CURIAM

Judgment rendered and Opinion filed January 9, 2003.

Panel consists of Chief Justice Brister and Justices Hudson and Fowler.

Do Not Publish Tex. R. App. P. 47.2(b).