Opinion
No. 05-17-01469-CR No. 05-17-01470-CR
06-13-2018
VICTORIA IFEANYI ANWUZIA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the County Court at Law Rockwall County, Texas
Trial Court Cause Nos. CR16-0886 & CR16-0887
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Bridges, and Justice Brown
Opinion by Justice Brown
After the jury found Victoria Ifeanyi Anwuzia guilty of assault causing bodily injury and driving while intoxicated, the trial court assessed punishment at 90 days and 60 days respectively in the Rockwall County Jail, probated for twenty-four months. The trial court also assessed a fine of $1000 in each case. Appellant then filed these appeals.
Because she was not represented by counsel, we abated these appeals for a hearing to determine whether appellant was indigent and entitled to court-appointed counsel. At the hearing, the trial court found that appellant was not indigent and was "adamant in preparing her own defense." We adopted those findings by order dated January 30, 2018.
When the reporter's record was not timely filed and the court reporter notified us that no request for the record or payment had been made, we directed appellant to provide the Court with notice that she had requested the reporter's record and had paid or made arrangements to pay for the record. We cautioned appellant that the failure to do so would result in the appeals being submitted without the reporter's record. Appellant did not respond. On February 20, 2018, we ordered the appeals submitted without the reporter's record and ordered appellant to file a brief within thirty days.
When appellant did not file her brief, we notified her by postcard that the brief was past due. We instructed her to file the brief and a motion to extend time by April 5, 2018. Appellant did not file a brief or an extension motion. On April 18, 2018, we ordered appellant to file a brief by April 27, 2018, and informed her that the failure to do so would result in the appeals being submitted without a brief. See TEX. R. APP. P. 38.8(b)(4); Lott v. State, 874 S.W.2d 678, 688 (Tex. Crim. App. 1994). To date, appellant has neither filed a brief nor communicated with the Court regarding the appeals. Therefore, the appeals are submitted without briefs. See Lott, 874 S.W.2d at 688.
Absent briefs, no issues are before us. Finding no fundamental error, we affirm the trial court's judgments.
/Ada Brown/
ADA BROWN
JUSTICE Do Not Publish
TEX. R. APP. P. 47.2(b) 171469F.U05
JUDGMENT
On Appeal from the County Court at Law, Rockwall County, Texas
Trial Court Cause No. CR16-0886.
Opinion delivered by Justice Brown, Chief Justice Wright and Justice Bridges participating.
Based on the Court's opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered this 13th day of June, 2018.
JUDGMENT
On Appeal from the County Court at Law, Rockwall County, Texas
Trial Court Cause No. CR16-0887.
Opinion delivered by Justice Brown, Chief Justice Wright and Justice Bridges participating.
Based on the Court's opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered this 13th day of June, 2018.