Edward Lerma v. State ( 2005 )

Affirmed and Memorandum Opinion filed December 8, 2005

Affirmed and Memorandum Opinion filed December 8, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-00545-CR

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EDWARD LERMA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 400th District Court

Fort Bend County, Texas

Trial Court Cause No. 39,685A

M E M O R A N D U M   O P I N I O N

After a guilty plea, appellant was convicted of the offense of assault domestic violence.  On October 27, 2004, the trial court sentenced appellant to seven years of confinement in the Institutional Division of the Texas Department of Criminal Justice and assessed a fine of $1,000.  Appellant filed a notice of appeal on November 19, 2004.^[1]

On August 18, 2005, this court ordered a hearing to determine why appellant's counsel had not filed a brief in this appeal.  On November 21, 2005, the trial court conducted the hearing.  The record of the hearing was filed in this court on December 2, 2005.

The trial court found appellant no longer desires to prosecute his appeal.

On the basis of those 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

Judgment rendered and Memorandum Opinion filed December 8, 2005.

Panel consists of Justices Hudson, Frost, and Seymore.

Do Not Publish C Tex.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

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^[1]  On May 23, 2005, the trial court entered findings of fact and conclusions of law, stating that the plea papers and the final judgment in this case were lost.  The trial court ordered  a replacement judgment be entered and the record contains a judgment signed May 23, 2005.