Patel, Kishorbhait v. State ( 2003 )

Affirmed and Opinion filed December 18, 2003

Affirmed and Memorandum Opinion filed December 18, 2003.

In The

Fourteenth Court of Appeals

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NO. 14-03-01082-CR

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KISHORBHAIT PATEL , Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Criminal Court at Law No. 12

Harris County, Texas

Trial Court Cause No. 5390

 M E M O R A N D U M   O P I N I O N

Appellant Kishorbhait Patel entered a plea of not guilty in a Houston municipal court to failure to install a portable fire extinguisher.  The municipal court convicted appellant and assessed punishment at a fine of $250.00.  Appellant appealed his conviction to the county court at law, which affirmed the conviction.  Appellant now appeals that decision.  We affirm.

Appellant was charged by complaint with failure to install a portable fire extinguisher in accordance with the fire code of the City of Houston.  After a non-jury trial, appellant was found guilty and fined $250.00. Because appellant failed to request a court reporter, no record was made of the trial in municipal court. Following his conviction appellant filed a motion for new trial in which he contended, among other things, that the fire inspector had lied under oath in the municipal court.  The municipal court judge denied the motion for new trial and appellant appealed to the county court at law.  The judge of the county court at law affirmed the municipal court judgment because appellant provided neither a reporter=s record, an agreed statement of facts, or a brief with legal citations in support of his argument.

We review those points appellant raised before the reviewing county court at law.  See Tex. Gov=t Code Ann. ' 30.00027 (Vernon Supp. 2003) (record and briefs on appeal in county court at law constitute record and briefs on appeal to court of appeals). Appellant failed to bring forward a statement of facts.^[1]  Without a statement of facts, we  cannot determine whether the trial court erred.  Kindley v. State, 879 S.W.2d 261, 263-64 (Tex. App.CHouston [14th Dist.] 1994, no pet.).  In a municipal court, a court reporter is not required to record testimony in a case unless the judge or one of the parties requests a record.  Tex. Gov=t Code Ann. ' 30.00019 (Vernon Supp. 2003).  The record reflects that neither the judge, nor appellant requested a record in the municipal court.  Further, appellant has failed to file an agreed statement of facts.  See Tex. R. App. P. 34.2.

Because appellant has failed to file a complete record, we affirm the judgment of the trial court.

PER CURIAM

Judgment rendered and Memorandum Opinion filed December 18, 2003.

Panel consists of Justices Yates, Hudson and Fowler.

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

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^[1]  Although the appellate rules now refer to the Aclerk=s record@ and the Areporter=s record,@ see Tex. R. App. P. 34.5 and 34.6, chapter 30 of the Government Code uses the former terms, Atranscript@ and Astatement of facts.@  See Tex. Gov=t Code Ann. ' 30.00017 and 30.00019 (Vernon Supp. 2003).  For purposes of this opinion, we will use the terms in the Government Code.