David McIntosh v. State ( 1995 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-95-00226-CR David McIntosh, Appellant v. The State of Texas, Appellee FROM THE COUNTY COURT AT LAW NO. 7 OF TRAVIS COUNTY NO. 416,600, HONORABLE BRENDA KENNEDY, JUDGE PRESIDING PER CURIAM The county court at law found appellant guilty of assault and assessed punishment at incarceration for 120 days and a $1000 fine. The court suspended imposition of punishment and placed appellant on community supervision. When no statement of facts was filed, this Court ordered a hearing pursuant to rule 53(m). Tex. R. App. P. 53(m). At this hearing, appellant, who was represented by retained counsel at trial, knowingly and voluntarily waived the assistance of counsel on appeal. After hearing evidence, the court determined that appellant is not indigent and refused to order the preparation of a free statement of facts from the trial. Appellant has not tendered a brief for filing and has not responded to this Court's notice that his brief is overdue. Tex. R. App. P. 74( l ). We have examined the record before us. The county court at law's finding that appellant is not indigent is supported by the record. We have found no error that should be considered in the interest of justice. The judgment of conviction is affirmed. Before Justices Powers, Aboussie and Kidd Affirmed Filed: December 6, 1995 Do Not Publish