DocketNumber： 08-02-00147-CR
Filed Date： 2/13/2003
Status： Precedential
Modified Date： 9/9/2015
COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
EDWARD KEITH SCHMITT, )
) No. 08-02-00147-CR
Appellant, )
) Appeal from the
v. )
) County Criminal Court #6
THE STATE OF TEXAS, )
) of Dallas County, Texas
Appellee. )
) (TC# MB01-65267-G)
)
O P I N I O N
Appellant, Edward Keith Schmitt, was convicted by a jury of the Class B misdemeanor offense of theft. The jury then sentenced him to 180 days in jail and assessed a fine of $2,000. Appellant perfected his appeal on March 1, 2002.
As of this date, a reporter=s record has not been filed in this appeal. On April 16 and again on June 14, 2002, the court reporter informed this Court that Appellant had not paid or made arrangements to pay the reporter=s fee to prepare the record. See Tex.R.App.P. 37.3(c)(2)(A). On July 10, 2002, this Court ordered the trial court to conduct a hearing to determine whether Appellant desired to prosecute this appeal, whether he had been deprived of a reporter=s record or effective assistance of counsel, and to make appropriate findings and recommendations. See Tex.R.App.P. 38.8(b). A record of that hearing, which was held on August 5, 2002, has been filed with this Court. Id. The record reflects that Appellant failed to appear at the hearing. The trial court has filed findings of fact and conclusions of law indicating Appellant does not desire to prosecute this appeal and has not been deprived of the reporter=s record or effective assistance of counsel.
On the basis of the trial court=s findings, we have considered the appeal without the reporter=s record or briefs. See Tex.R.App.P. 38.8(b). We find no fundamental error. Accordingly, the judgment of the trial court is affirmed.
February 13, 2003
DAVID WELLINGTON CHEW, Justice
Before Panel No. 1
Larsen, McClure, and Chew, JJ.
(Do Not Publish)