Ralph J. Ray v. State ( 1994 )

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN









NO. 3-93-380-CR





RALPH J. RAY,

APPELLANT

vs.





THE STATE OF TEXAS,

APPELLEE

FROM THE DISTRICT COURT OF CALDWELL COUNTY, 22ND JUDICIAL DISTRICT

NO. 91-222, HONORABLE FRED A. MOORE, JUDGE PRESIDING

PER CURIAM

Appellant pleaded guilty and judicially confessed to the offense of theft of property having a value of $20,000 or more but less than $100,000. Tex. Penal Code Ann. § 31.03 (West 1989 & Supp. 1994). The district court found appellant guilty and assessed punishment, pursuant to a plea bargain agreement, at imprisonment for five years and a $400 fine. Appellant filed a "general" notice of appeal. Tex. R. App. P. 40(b); Davis v. State, 870 S.W.2d 43 (Tex. Crim. App. 1994).

The record contains no affidavit of indigence or request for the appointment of counsel. Appellant represents himself on appeal. Appellant's brief was due December 6, 1993. When notified that the brief was overdue, appellant telephoned the Clerk's office and said that either a brief or a motion for extension of time for filing would be forthcoming. Neither has been received. We conclude that appellant does not wish to prosecute this appeal and has failed to make the necessary arrangements for filing a brief. Tex. R. App. P. 74(l).

We have examined the record and find no jurisdictional error. The judgment of conviction is affirmed.

Before Justices Powers, Aboussie and Jones

Affirmed

Filed: May 18, 1994

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