Hockless, Stewart L. v. State ( 2003 )

Affirmed and Opinion filed March 27, 2003

Affirmed and Opinion filed March 27, 2003.

In The

Fourteenth Court of Appeals

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NOS. 14-02-01032-CR &

14-02-01033-CR

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STEWART L. HOCKLESS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 337th District Court

Harris County, Texas

Trial Court Cause Nos. 714,020 & 917,164

M E M O R A N D U M   O P I N I O N

After a guilty plea in cause number 713,020 (appellate cause number 14-02-01032-CR) to the offense of possession of a controlled substance, namely cocaine, the trial court deferred a finding of guilt and placed appellant on deferred adjudication probation. The State ultimately filed a motion to adjudicate and an amended motion to adjudicate alleging appellant violated the terms and conditions of his probation.  Among other things, the State alleged appellant had violated the terms and conditions of his probation by unlawfully possessing a controlled substance, namely marihuana.  Appellant pled true to the allegations in the State=s amended motion.  On September 11, 2002, the trial court granted the State=s amended motion, found appellant guilty of the offense of possession of a controlled substance, and sentenced him to three years= confinement in the Texas Department of Criminal Justice--Institutional Division.

Additionally, on September 11, 2002, appellant pled guilty in cause number 917,264 (appellate cause number 14-02-01033-CR) to the offense of possession of a controlled substance, namely marihuana.  This offense was one of the alleged violations in the State=s amended motion to adjudicate.  The trial court found appellant guilty and sentenced him to three years= confinement in the Texas Department of Criminal Justice--Institutional Division.

On March 6, 2003, this Court ordered a hearing to determine why appellant had not filed a brief in this appeal.  On March 13, 2003, the trial court conducted the hearing.  The record of the hearing was filed in this Court on March 19, 2003.

The trial court found appellant no longer desires to prosecute his appeal.  On the basis of that finding, 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

Judgment rendered and Opinion filed April 3, 2003.

Panel consists of Justices Yates, Hudson, and Frost.

Do Not Publish - Tex. R. App. P. 47.2(b).