Paul Brand v. The State of Texas--Appeal from County Court at Law of Kerr County

MEMORANDUM OPINION
No. 04-06-00650-CR
Paul BRAND,
Appellant
v.
The STATE of Texas,
Appellee
From the County Court at Law, Kerr County, Texas
Trial Court No. CR051402
Honorable Charles Sherrill, Judge Presiding

Opinion by: Alma L. L pez, Chief Justice

 

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Phylis J. Speedlin, Justice

 

Delivered and Filed: June 6, 2007

 

AFFIRMED

 

Paul Brand was convicted of speeding and was sentenced to a fine of $200.00. Although Brand timely perfected his appeal, he did not file a brief. On February 7, 2007, this court abated the appeal to the trial court for an abandonment hearing. See Tex. R. App. P. 38.8(b). Although notified of the hearing, Brand did not appear. The trial court found: (1) Brand is not indigent; (2) Brand represented himself pro se in the trial court and did not express a desire for counsel on appeal; (3) Brand was admonished about the dangers and disadvantages of proceeding pro se on appeal; (4) Brand has not indicated a desire to proceed with this appeal; (5) Brand failed to make arrangements to file a brief; and (6) Brand has abandoned the appeal.

When an appellant in a criminal case abandons the appeal, the appellate court may not dismiss the case but may consider it on the record alone. Scotka v. State, 856 S.W.2d 790, 791 n.1 (Tex. App.--San Antonio 1993, no pet.). We reviewed the record in this appeal for fundamental error and found none. See Meza v. State, 742 S.W.2d 708, 708-09 (Tex. App.--Corpus Christi 1987, no pet.); see also Cardenas v. State, No. 04-96-00616-CR, 1997 WL 184433, at *1 (Tex. App.--San Antonio Apr. 16, 1997, no pet.) (not designated for publication). The trial court's judgment is therefore affirmed.

Alma L. L pez, Chief Justice

DO NOT PUBLISH