Leandro Caracciolo v. The State of Texas--Appeal from County Court at Law No. 6 of Travis County

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-97-00760-CR
Leandro Caracciolo, Appellant
v.
The State of Texas, Appellee
FROM THE COUNTY COURT AT LAW NO. 6 OF TRAVIS COUNTY
NO. 481-342, HONORABLE DAVID PURYEAR, JUDGE PRESIDING
PER CURIAM

A jury found appellant guilty of assault. Tex. Penal Code Ann. 22.01(a)(1) (West 1994). The county court at law assessed punishment at incarceration for 140 days.

Appellant was represented by retained counsel at trial. Appellant's first counsel on appeal was allowed to withdraw after appellant failed to communicate with him. A substitute attorney was appointed to represent appellant on appeal, pending an indigency hearing. Appellant failed to appear for the hearing. The court found that appellant did not prove his indigence and revoked the order appointing counsel. As a consequence, appellant represents himself on appeal.

Appellant did not pay for the reporter's record and none has been filed. See Tex. R. App. P. 35.3(b)(3). The Clerk sent written notice to appellant at his last known address that the record is overdue. The notice was returned with the notation "attempted--not known." We conclude that the absence of the reporter's record is appellant's fault and that he has been given a reasonable opportunity to cure. The appeal will be considered and decided without the reporter's record. See Tex. R. App. P. 37.3(c). Given appellant's failure to communicate with counsel or to appear for the indigency hearing, and in the absence of an address at which he can be reached, we will consider the appeal without briefs. See Tex. R. App. P. 38.8(b)(4).

We have examined the clerk's record and find no fundamental error or other matter that should be considered in the interest of justice. The judgment of conviction is affirmed.

 

Before Chief Justice Yeakel, Justices Aboussie and Jones

Affirmed

Filed: April 9, 1998

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