Richard Owens v. State ( 2009 )

Affirmed and Memorandum Opinion filed November 5, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-09-00262-CR

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RICHARD OWENS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 412th District Court

Brazoria County, Texas

Trial Court Cause No. 57,401

M E M O R A N D U M   O P I N I O N

            After a jury trial, appellant was convicted of two counts of theft. On February 20, 2009, the trial court sentenced appellant to confinement for eighteen months in the State Jail Division of the Texas Department of Criminal Justice and assessed a $5,000 fine. Appellant filed a timely notice of appeal.

                        Appellant’s brief was due August 3, 2009, but it was not filed. A notice that the brief was past due was mailed to appellant August 13, 2009. No response was filed.

            On September 3 2009, this court abated the appeal and ordered a hearing to determine why appellant had not filed a brief in this appeal. See Tex. R. App. P. 38.8(b)(2). On October 13, 2009, the trial court conducted the hearing. The record of the hearing was filed in this court on October 21, 2009. At the hearing appellant testified that he no longer wished to go forward with his appeal. The trial court found appellant no longer desires to prosecute his appeal, and filed appropriate findings of fact in a supplemental clerk’s record. See Tex. R. App. P. 38.8(b)(2).

On the basis of those findings, this court has considered the appeal without briefs. See Tex. R. App. P. 38.8(b)(4). We have reviewed the record and find no fundamental error.

            Accordingly, the judgment of the trial court is affirmed.

                                                                        PER CURIAM

Panel consists of Chief Justice Hedges and Justices Seymore and Sullivan.

Do not publish — Tex.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