Alphonse Harris v. The State of Texas--Appeal from County Court at Law No 7 of Bexar County

MEMORANDUM OPINION
No. 04-06-00271-CR
Alphonse HARRIS,
Appellant
v.
The STATE of Texas,
Appellee
From the County Court at Law No. 7, Bexar County, Texas
Trial Court No. 901380
Honorable Monica E. Guerrero, Judge Presiding

Opinion by: Steven C. Hilbig, Justice

 

Sitting: Catherine Stone, Justice

Karen Angelini, Justice

Steven C. Hilbig, Justice

 

Delivered and Filed: July 18, 2007

 

AFFIRMED

Alphonse Harris appeals the trial court's order revoking his community supervision and sentencing him to one year in the Bexar County Adult Detention Center. We affirm.

In October 2004, Harris pleaded nolo contendere to violating a protective order. The trial court found Harris guilty and sentenced him to one year confinement, but suspended the sentence and placed Harris on community supervision for a period of two years. In January 2006, the State moved to revoke Harris's community supervision, alleging Harris had violated seven of the conditions of his supervision. Harris pled true to violating two of the conditions. On April 17, 2006, the trial court revoked Harris's community supervision and imposed sentence. Harris appealed.

Neither a reporter's record nor an appellant's brief has been filed in this appeal. Harris did not make arrangements to pay the fee for preparing the reporter's record and did not show he is entitled to appeal without paying the fee. After giving Harris an opportunity to obtain the record, we ordered that the court would consider only those issues or points raised in appellant's brief that do not require a reporter's record for a decision. See Tex. R. App. P. 37.3(c). When Harris failed to file a brief, we abated the appeal and remanded the cause to the trial court to conduct a hearing pursuant to Rule 38.8(b) of the Texas Rules of Appellate Procedure. At the hearing, both the trial court and Harris's retained counsel asserted that Harris had communicated to them his desire to abandon the appeal, and the trial court found Harris has abandoned the appeal. We therefore ordered this appeal set for submission without an appellant's brief. See Tex. R. App. P. 38.8(b)(4).

We have reviewed the record for fundamental error and found none. See Lott v. State, 874 S.W.2d 687, 688 (Tex. Crim. App. 1994). Accordingly, the trial court's judgment is affirmed.

 

Steven C. Hilbig, Justice

 

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