Opinion
No. 05-09-00776-CR
Opinion Filed March 31, 2010. DO NOT PUBLISH Tex. R. App. P. 47.
On Appeal from the County Criminal Court No. 5 Dallas County, Texas, Trial Court Cause No. MB07-64503-F.
Before Chief Justice WRIGHT and Justices FRANCIS and FILLMORE.
MEMORANDUM OPINION
Bruce Everett Priddy appeals his conviction for driving while intoxicated. After receiving an extension, appellant's brief was due in this appeal on October 25, 2009. On December 11, 2009, the Court abated the appeal to allow the trial court to conduct a hearing to determine why appellant had not filed his brief. On February 18, 2010, the trial court filed an order detailing its findings. The trial court related that it had conducted a hearing and that appellant did not appear for the hearing, but his retained counsel did appear. The trial court reported that retained counsel told the trial court that appellant had indicated after trial an interest in appealing the conviction but he had "not responded to any of [counsel's] emails or letters for several months, and [counsel] does not know if Appellant desires to prosecute the appeal." Based on retained counsel's explanation for the failure to file the brief, the trial court made a finding that appellant no longer desires to prosecute the appeal. By order entered March 16, 2010, this Court adopted the trial court's finding and ordered this appeal submitted without briefs. See Tex. R. App. P. 38.8(b)(4). Without briefs, no issues are before us. Finding no fundamental error, we affirm the trial court's judgment.