GETACHEW EWNETOU v. The State of Texas--Appeal from County Criminal Court No. 11 of Dallas County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

GETACHEW EWNETOU, )

) No. 08-05-00127-CR

Appellant, )

) Appeal from the

v. )

) County Criminal Court

THE STATE OF TEXAS, )

) of Dallas County, Texas

Appellee. )

) (TC# MB0372608A)

)

O P I N I O N

Appellant Getachew Ewnetou appeals his conviction of failure to stop and give information after being involved in an accident resulting in damage to another vehicle. See Tex.Transp.Code Ann. '' 550.022(c)(2), 550.023 (Vernon 1999 & Supp. 2005). The trial court found Appellant guilty and assessed punishment at 180 days confinement in the Dallas County Jail, probated to 12 months of community supervision, and a fine of $1,000. We affirm.

Following his conviction, Appellant filed a motion for new trial, which was overruled by operation of law. Appellant filed a written notice of appeal, but failed to make financial arrangements to pay for the reporter=s record. This Court directed the trial court to conduct a hearing to determine whether Appellant desired to prosecute his appeal, whether he had been deprived of a reporter=s record or effective assistance of counsel, and to make appropriate findings and recommendations. The trial court found that it was unable to determine whether Appellant desires to prosecute this appeal because Appellant has left the country and has stopped communicating with his attorney. Further, the trial court found that no financial arrangements have been made for preparation of the reporter=s record and that Appellant has not been unlawfully deprived of a reporter=s record or effective assistance of counsel, but the court was unable to make any findings as to whether or not Appellant has the financial means to pay for the reporter=s record because Appellant remains outside the country and did not appear at the hearing. Consequently, we entered an order that the appeal be submitted on the clerk=s record alone. See Tex.R.App.P. 37.3(c). Appellant has not favored us with a brief. In the interest of justice, we have reviewed the entire record, but have found no fundamental error. See Lott v. State, 874 S.W.2d 687, 688 (Tex.Crim.App. 1994). Accordingly, the trial court=s judgment is affirmed.

January 26, 2006

DAVID WELLINGTON CHEW, Justice

Before Barajas, C.J., McClure, and Chew, JJ.

(Do Not Publish)