Roderick Earl Courtney v. State ( 2013 )

NUMBER 13-11-00469-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
RODERICK EARL COURTNEY, Appellant,
v.
THE STATE OF TEXAS, Appellees.
On appeal from the County Court at Law No. 2
of McLennan County, Texas.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Garza and Perkes
Memorandum Opinion by Justice Garza
A jury found appellant, Roderick Earl Courtney, guilty of displaying a fictitious
inspection sticker, a class B misdemeanor offense.
See TEX. TRANSP. CODE ANN. § 548.603(a), (d) (West 2011). The jury assessed
punishment at ninety days in county jail and a $1,000.00 fine. See TEX. PENAL CODE
ANN. § 12.22 (West 2011). We affirm.
On June 8, 2011, pro se appellant filed a notice of appeal.1 After appellant failed
to file a brief, this Court abated the appeal and remanded it to the trial court for further
proceedings. On August 30, 2012, the trial court held a hearing and made findings that
appellant intends to prosecute his appeal, but is not making a genuine effort to comply
with the procedural rules, communicate with this Court, or prosecute his appeal in good
faith. The trial court recommended that appellant be provided a “single last opportunity”
to file his brief within sixty days.
Pursuant to the trial court’s recommendation, on September 20, 2012, this Court
ordered appellant to file his brief by November 12, 2012. This Court further advised
appellant that if he failed to file his brief, we would decide this appeal upon the record
before us. See Lott v. State, 874 S.W.2d 687, 688 (Tex. Crim. App.1994); Coleman v.
State, 774 S.W.2d 736, 738–39 (Tex. App.—Houston [14th Dist.] 1989, no pet.).
Appellant has not filed a brief or any other response. We therefore have submitted
appellant’s case without the benefit of briefs and, in the interest of justice, have
reviewed the record. See TEX. R. APP. P. 38.8(b)(4).
Based on our review of the clerk's record and reporter’s record of the trial court’s
August 30, 2012 hearing, we have not found any fundamental error. See Burton v.
State, 267 S.W.3d 101, 103 (Tex. App.—Corpus Christi 2008, no pet.) (explaining
process of considering criminal appeal when defendant does not file brief).
1
This case is before the Court on transfer from the Tenth Court of Appeals in Waco pursuant to
an order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. § 73.001 (West 2005).
2
We therefore affirm the trial court's judgment.
________________________
DORI CONTRERAS GARZA,
Justice
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
3rd day of July, 2013.
3