Paul Lamont Merritt v. State ( 2010 )

Opinion issued August 19, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-08-00388-CR

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Paul Lamont Merritt, Appellant

V.

The State of Texas, Appellee

On Appeal from the County Court at Law No. 4

Brazoria County, Texas

Trial Court Case No. 162340

 MEMORANDUM OPINION

          Appellant Paul Lamont Merritt was convicted in the City of Freeport Municipal Court of the offense of speeding and assessed a fine.  Appellant appealed to the county court.  After a trial de novo, the county court found appellant guilty of speeding and assessed a fine of $50.[1]  Notice of appeal was filed.  

The clerk’s record was timely filed.  The Clerk of this Court notified the parties that the reporter=s record had not been filed. In response, the court reporter informed this Court that the appellant had not made arrangements to pay for the reporter=s record.  We abated the appeal and remanded the case to the trial court for a hearing to determine whether appellant was being denied the effective assistance of counsel, whether appellant was indigent, and whether appellant still desired to prosecute  his appeal.    

On January 29, 2010, the trial court conducted a hearing pursuant to our order of abatement.  The hearing record  has been filed with the Clerk of this Court and reflects that neither appellant nor his counsel appeared at the hearing. 

We reinstated the appeal and ordered appellant’s brief due on March 15, 2010.   Our  reinstatement order advised appellant that if his brief was not filed by March 15, 2010, the case would be set for submission on April 9, 2010, and considered  on the clerk=s record alone.  As of this date, appellant’s brief has not been filed.  

  Our order of abatement advised the parties that this Court does not have jurisdiction over this appeal unless the fine imposed by the county court at law exceeds $100 or the sole issue is the constitutionality of the statute or ordinance on which the conviction was based. Resendez v. State, 738 S.W.2d 41, 42 (Tex. App. C Houston [1st Dist.] 1987, no pet.); Boyd v. State, 11 S.W.3d 324, 325 (Tex. App.CHouston [14th Dist.] 1999, no pet.); Tex. Code Crim. Proc. Ann. art. 4.03 (Vernon Supp. 2009).  The clerk’s record reflects that the county court assessed a $100 fine.  Appellant has not shown that the constitutionality of a statute or ordinance is the sole issue on appeal, nor does the amount of the fine exceed $100.           The appeal is therefore dismissed for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Keyes, Hanks, and Higley.

Do not publish.  Tex. R. App. P. 47.2(b).

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[1]            See Tex. Code Crim. Proc. Ann. Art. 45.042 (a),(b) (Vernon 2009).