Sade Elise Gallow v. The State of Texas Appeal from 185th District Court of Harris County (memorandum opinion per curiam)

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Affirmed and Memorandum Opinion filed March 24, 2016. In The Fourteenth Court of Appeals NO. 14-15-00635-CR SADE ELISE GALLOW, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 185th District Court Harris County, Texas Trial Court Cause No. 1392726 MEMORANDUM OPINION Sade Elise Gallow pleaded guilty to criminal mischief. On October 7, 2013, the trial court deferred adjudication and placed her on deferred adjudication community supervision for four years. On March 4, 2015, the State filed a motion to adjudicate appellant’s guilt due to alleged violations of the terms of community supervision. Appellant filed a motion to withdraw her guilty plea, which the trial court denied. On July 9, 2015, the trial court granted the State’s motion to adjudicate and entered judgment adjudicating guilt. Appellant was sentenced to seven months’ confinement in the state jail division of the Texas Department of Criminal Justice. Appellant filed a notice of appeal, and the trial court certified her right to appeal. Appellant is proceeding pro se on appeal. After the court reporter informed us that appellant had not made arrangements to pay for the reporter’s record, we abated the appeal and directed the trial court to conduct a hearing to determine whether appellant desired to continue her appeal. The trial court held the hearing, but appellant did not appear. The trial court stated: The Court determined that the defendant had served her sentence. There is no attorney of record listed as the notice of appeal was given pro se. The Court sent a certified letter . . . to Ms. Gallow at the last known address. That letter was sent and it was returned to the Court unclaimed, unable to forward, return to sender. And at this point the Court has made every effort known to find Ms. Gallow and determine whether or not she wishes to go forward with her appeal. . . . [W]e have no way to locate Ms. Gallow and determine whether or not she wishes to prosecute this appeal. On January 26, 2016, this court ordered appellant to file a brief on or before February 15, 2016. The court explained that if appellant did not timely file her brief as ordered, the court would consider the appeal without briefs. See Tex. R. App. P. 38.8(b)(4). No brief was filed. On the basis of the trial court’s findings, this court has considered the appeal without briefs. See Tex. R. App. P. 38.8(b). We find no fundamental error. Accordingly, the judgment of the trial court is affirmed. PER CURIAM Panel consists of Justices Christopher (sitting for Brown, J. recused), Jamison, and Donovan. Do Not Publish — Tex. R. App. P. 47.2(b). 2

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