Janson Michael Durney v. The State of TexasAppeal from County Court at Law No 5 of Montgomery County (memorandum opinion )

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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-12-00307-CR ____________________ JANSON MICHAEL DURNEY, Appellant V. THE STATE OF TEXAS, Appellee _______________________________________________________ ______________ On Appeal from the County Court at Law No. 5 Montgomery County, Texas Trial Cause No. 11-272011 ________________________________________________________ _____________ MEMORANDUM OPINION The trial court convicted Janson Michael Durney of the misdmeanor offense of failure to identify and assessed a one year jail term and a $500 fine as punishment, then suspended the imposition of the jail sentence and placed Durney on community supervision for eighteen months. See Tex. Penal Code Ann. § 38.02(b), (d)(2) (West 2011). Representing himself pro se and without claiming indigence, Durney appealed but did not make payment arrangements for the record. After giving notice and providing an opportunity to cure, we dismissed the appeal. See Tex. R. App. P. 37.3(b). We granted 1 Durney’s motion to reinstate after we received the clerk’s record, but he failed to file a brief. We remanded the case to the trial court with instructions to determine whether Durney desires to prosecute his appeal. See Tex. R. App. P. 38.8(b)(2). After conducting a hearing, which Durney failed to attend, the trial court found that the appellant no longer desires to pursue the appeal. Durney’s failure to file a brief constitutes abandonment of the appeal. See Parker v. State, 69 S.W.3d 677, 678 (Tex. App.—Waco 2002, no pet.). Durney is not indigent and has failed to make arrangements for filing a brief. Accordingly, we exercise our authority to consider this appeal without briefs. See Tex. R. App. P. 38.8(b)(4). We review the record in the interest of justice. Lott v. State, 874 S.W.2d 687, 688 (Tex. Crim. App. 1994). Our review of the record has not revealed an error requiring reversal on unassigned error. We affirm the trial court’s judgment. APPEAL DISMISSED. ________________________________ DAVID GAULTNEY Justice Opinion Delivered March 27, 2013 Do Not Publish Before McKeithen, C.J., Gaultney and Kreger, JJ. 2

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