Daniel Clark v. The State of Texas--Appeal from 40th District Court of Ellis County

IN THE

TENTH COURT OF APPEALS

No. 10-03-00268-CR

DANIEL CLARK,

Appellant

v.

The State of  Texas,

Appellee

From the 40th District Court

Ellis County, Texas

Trial Court # 26874CR

MEMORANDUM Opinion

A jury convicted Appellant Daniel Clark of murder, and the trial court sentenced him to life in prison. After being fully admonished, Clark represented himself in the trial court, and he continues his pro se representation in this appeal.

Clark s brief was originally due on October 13, 2003, and he was granted an extension until December 10, 2003. When Clark s brief was not filed, we abated this appeal for a hearing in the trial court for a determination of why Clark had failed to file his brief and whether prison officials were denying Clark reasonable access to the appellate record.

After the trial court hearing, we entered an order on September 15, 2004 giving Clark sixty days to file his brief and notifying him that if he failed to timely file his brief, we would decide his appeal without briefs, reviewing the record only for fundamental error.

Clark has not filed his brief. We and the trial court have made every effort to protect Clark s rights. See Carroll v. State, 75 S.W.3d 633, 634 (Tex. App. Waco 2002, no pet.). We will thus submit this appeal without briefs and review the record for fundamental error. See Tex. R. App. P. 38.8(b)(4); Lott v. State, 874 S.W.2d 687, 687-88 (Tex. Crim. App. 1994 ); Carroll, 75 S.W.3d at 634.

Our review of the record discloses no unassigned fundamental error. Accordingly, we affirm the trial court s judgment.

BILL VANCE

Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Affirmed

Opinion delivered and filed April 20, 2005

Do Not Publish

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