Summary
reviewing record for fundamental error after the trial court held a hearing and found the appellant no longer desired to pursue the appeal
Summary of this case from Peterson v. StateOpinion
No. 04-04-00525-CR
Delivered and Filed: January 12, 2005. DO NOT PUBLISH.
Appeal from the 216th Judicial District Court, Gillespie County, Texas, Trial Court No. 4174, Honorable Stephen B. Ables, Judge Presiding. Affirmed.
Sitting: Alma L. LÓPEZ, Chief Justice, Catherine STONE, Justice, and Sarah B. DUNCAN, Justice.
MEMORANDUM OPINION
On December 10, 2004, we abated this appeal to the trial court for an abandonment hearing pursuant to Rule 38.8(b)(2) of the Texas Rules of Appellate Procedure. The trial court conducted a hearing and found that the appellant no longer desires to pursue his appeal. We may consider an appeal without briefs if the trial court has found that the appellant no longer desires to pursue the appeal. Tex.R.App.P. 38.8(b)(4). As of the date of this opinion, no brief has been filed in this court. Accordingly, we consider this appeal without briefs. Only the clerk's record is presented for review. We have reviewed the record for fundamental error and find none. See Carroll v. State, 75 S.W.3d 633, 634 (Tex.App.-Waco 2002, no pet.); Ashcraft v. State, 802 S.W.2d 905, 906 (Tex.App.-Fort Worth 1991, no pet.); Meza v. State, 742 S.W.2d 708, 708-09 (Tex.App.-Corpus Christi 1987, no pet.). We therefore affirm the trial court's judgment.