Gilbert Longoria v. The State of Texas--Appeal from 21st District Court of Bastrop County

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-95-00434-CR
Gilbert Longoria, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF BASTROP COUNTY, 21ST JUDICIAL DISTRICT
NO. 8198, HONORABLE NORMAN D. LANFORD, JUDGE PRESIDING

PER CURIAM

 

The district court found appellant guilty of aggravated sexual assault. The court assessed punishment at imprisonment for twelve years.

The statement of facts does not contain the punishment hearing. On April 17, 1996, appellant's motion to supplement the record was filed asking until May 27 to tender the remainder of the statement of facts. No supplemental statement of facts has been received. The Clerk has been advised by the court reporter that the supplemental volume is complete but has not been delivered to counsel because payment has not been made.

The transcript contains an affidavit of indigence and request for a free record on appeal, but there is no indication that the request was brought to the attention of the district court. Apparently, appellant paid for that portion of the statement of facts now on file. Appellant is represented by retained counsel.

A motion to dismiss the appeal has been filed in which counsel states that he "has reviewed the transcript and statement of facts and has determined that their [sic] are no meritorious points of error to be raised." The motion is not signed by appellant. Tex. R. App. P. 59(b). Counsel has also filed a motion to withdraw stating that appellant has not "fulfill[ed] his financial agreement" and repeating that counsel believes there are no meritorious points of error.

We conclude that appellant has not been deprived of a complete statement of facts due to ineffective assistance of counsel, and that appellant has failed to make necessary arrangements for filing a brief. Tex. R. App. P. 53(m) and 74(l). We have examined the record and find no fundamental error or other matter that should be considered in the interest of justice.

All pending motions are dismissed. The judgment of conviction is affirmed.

 

Before Justices Powers, Jones and B. A. Smith

Affirmed

Filed: June 12, 1996

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