Davis, Joe v. The State of Texas--Appeal from County Court at Law No 2 of Ector County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

JOE DAVIS,

Appellant,

v.

THE STATE OF TEXAS,

Appellee.

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No. 08-02-00053-CR

Appeal from

County Court at Law No. 2

of Ector County, Texas

(TC# 00-1332)

O P I N I O N

Joe Davis gave notice of appeal from judgment and sentence entered against him. The clerk=s record was filed February 11, 2002. The reporter=s record was due March 3. The court reporter notified this Court that no arrangements had been made regarding the appellate record. On March 4, the Clerk of this Court sent appellant=s counsel a letter directing him to notify the office immediately as to arrangements he had made or intended to make. The letter stated that if no response or satisfactory arrangements were made within ten days, we would refer this matter to the trial court to conduct a hearing to determine if appellant had been deprived of a reporter=s record for any reason.

On March 20, we ordered the trial court to conduct a hearing to determine whether appellant wished to continue his appeal, whether he was entitled to the reporter=s record at county expense, or whether he was entitled to appointment of new counsel. The trial court held the appropriate hearing on April 16. Appellant was not present, although his counsel was.[1] Counsel advised the court that appellant had not paid any expenses regarding the appeal although appellant had paid him a minimal amount for other services. Counsel also asserted that appellant knew that $750 was needed for the reporter=s record.

As a result of the hearing, the trial court found that appellant had competent counsel; appellant was currently out on $5,000 cash bond and did not need appointed counsel; and that appellant had failed to pay his attorney or any expenses involving the appeal. Thus, the court determined that appellant was no longer interested in pursuing the appeal.

On June 18, we ordered that, pursuant to Tex. R. App. P. 37.3(c), the appeal be submitted on the clerk=s record alone.

Appellant has not filed a brief. Therefore, we consider the appeal without a brief. See Tex. R. App. P. 38.8(b)(4); Lott v. State, 874 S.W.2d 687, 688 (Tex. Crim. App. 1994).

No issue has been presented for consideration. We review appellant=s case only for fundamental error, and we find none.

Conclusion

We affirm the judgment of the trial court.

SUSAN LARSEN, Justice

July 25, 2002

Before Panel No. 1

Larsen, McClure, and Chew, JJ.

(Do Not Publish)

[1]Appellant=s counsel informed the trial court that appellant was scheduled to have surgery on April 15 and was hospitalized in Lubbock. However, the trial court noted that it had called five hospitals in Lubbock and two in Odessa and appellant was not a registered patient at any of them.