Opinion
No. 05-02-00853-CR.
Opinion Filed July 15, 2003. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 366th Judicial District Court, Collin County, Texas, Trial Court Cause No. 366-81291-01. AFFIRMED.
Before Justices MORRIS, WRIGHT, and MOSELEY.
MEMORANDUM OPINION
Lester Jon Ruston was indicted for the felony offense of retaliation. See Tex. Pen. Code Ann. § 36.06 (Vernon 2003). Pursuant to a plea bargain agreement, the charge was reduced to the misdemeanor offense of harassment, see id. § 42.07, and appellant was sentenced to 180 days confinement in jail, with credit to be given for 196 days appellant spent in jail pending trial. We adopted a finding that appellant no longer desires to prosecute the appeal and ordered the appeal submitted without briefs. Absent briefs, no points of error are before us. Finding no fundamental error, we affirm the trial court's judgment.
Although appellant was sentenced pursuant to a plea bargain agreement, the requirements of former rule 25.2(b)(3) are not implicated. Appellant's offense was reduced to a misdemeanor, see Bruce v. State, 419 S.W.2d 646, 647 (Tex.Crim.App. 1967), and the provisions of former rule 25.2(b)(3) did not apply to misdemeanors. Therefore, we have jurisdiction over the appeal.