Kierston Reschke v. State

Affirmed and Opinion Filed November 25, 2014.
Court of Appeals
S In The
Fifth District of Texas at Dallas
No. 05-14-00149-CR
KIERSTON RESCHKE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Court at Law No. 2
Kaufman County, Texas
Trial Court Cause No. 11CL-1081-2
MEMORANDUM OPINION
Before Justices FitzGerald, Lang, and Brown
Opinion by Justice Lang
A jury convicted Kierston Reschke of driving while intoxicated. The trial court assessed
punishment at 180 days’ confinement in jail, probated for two years, and a $750 fine. We
adopted the trial court’s finding that appellant has abandoned her appeal, and we ordered the
appeal submitted without the reporter’s record and briefs. See TEX. R. APP. P. 37.3(c),
38.8(b)(4). Absent briefs, no issues are before us.
Finding no fundamental error, we affirm the trial court’s judgment. 1
/Douglas S. Lang/
DOUGLAS S. LANG
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
140149F.U05
1
Although not fundamental error, we note the trial court number at the top of the trial court’s judgment is 13CL-0294-2, whereas all of the other
documents in the clerk’s record contain trial court no. 11CL-1081-2. It appears this discrepancy is a clerical error correctable by judgment nunc
pro tunc. See Smith v. State, 15 S.W.3d 294, 298–99 (Tex. App.–Dallas 2000, no pet.) .
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
KIERSTON RESCHKE, Appellant On Appeal from the County Court at Law
No. 2, Kaufman County, Texas
No. 05-14-00149-CR V. Trial Court Cause No. 11CL-1081-2.
Opinion delivered by Justice Lang. Justices
THE STATE OF TEXAS, Appellee FitzGerald and Brown participating.
Based on the Court’s opinion of this date, we AFFIRM the trial court’s judgment.
Judgment entered this 25th day of November, 2014.
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