No. 04-07-00003-CR
Delivered and Filed: February 13, 2008. DO NOT PUBLISH
Appealed from the County Court at Law, Wilson County, Texas Trial Court No. 05-01-0030-CRC, Honorable Marvin Quinney, Judge Presiding. AFFIRMED.
Sitting: KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice.
REBECCA SIMMONS, Justice.
Following a jury trial, Appellant Mark Wayne Duke was convicted of the misdemeanor offense of assault causing bodily injury. The trial court jury assessed punishment at 335 days in jail, probated for a period of twelve months and a $700.00 fine. We affirm the judgment of the trial court.
PROCEDURAL HISTORY
Duke timely perfected his appeal and both the clerk's record and the reporter's record were filed with this court. Duke, however, failed to file a brief. Pursuant to this court's orders, the trial court made the appropriate findings as required by Rule 38.8(b) of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 38.8(b). Accordingly, we ordered Duke's appeal submitted and considered without the benefit of a brief. Id. ANALYSIS
The appellate court may consider the appeal from a criminal conviction on the record alone if the appellant abandons the appeal or, if the appellant is not indigent, has not made the necessary arrangements to file a brief. TEX. R. APP. P. 38.8(b)(4). Here, the trial court specifically found that Wood is not indigent. After several orders from our court, Duke failed to make the necessary arrangements to file his brief. Accordingly, after the State elected not to file a brief, this case was submitted on the record alone to determine if there is any fundamental error. See Lott v. State, 874 S.W.2d 687, 688 (Tex.Crim.App. 1994). Having made every effort to protect Duke's rights, we have reviewed the record for unassigned fundamental error and found none. Id.; Carroll v. State, 75 S.W.3d 633, 634 (Tex.App.-Waco 2002, no pet.). Accordingly, we affirm the judgment of the trial court.