Opinion
No. 04-03-00034-CR.
Delivered and Filed: February 4, 2004. DO NOT PUBLISH.
On Appeal from the 25th Judicial District Court, Guadalupe County, Texas Trial Court No. 01-1832-Cv. Honorable Gus J. Strauss, Jr., Judge Presiding. Affirmed.
Sitting: CATHERINE STONE, Justice, SARAH B. DUNCAN, Justice, PHYLIS J. SPEEDLIN, Justice.
MEMORANDUM OPINION
Jose M. Saldivar-Quintero pleaded guilty to money laundering, and the trial court assessed punishment at ten-years imprisonment. We affirm. Although he timely perfected his appeal, Saldivar-Quintero did not file a brief. Accordingly, on July 31, 2003, we abated this appeal for the trial court to determine whether Saldivar-Quintero desired to prosecute his appeal, whether he was indigent, and whether appointed or retained counsel abandoned the appeal. See Tex.R.App.P. 38.8(b). The trial court responded to our order, stating Saldivar-Quintero no longer wished to pursue his appeal. We do not have the authority to dismiss the appeal of a criminal conviction or sentence unless: (1) the defendant moves to voluntarily withdraw or dismiss the appeal, see Tex.R.App.P. 42.2(a); or (2) the appellant has escaped from custody. See Tex.R.App.P. 42.4. Neither exception applies here. However, when an appellant in a criminal case abandons his appeal, the appellate court may consider it on the record alone. Tex.R.App.P. 38.8(b)(4); Scotka v. State, 856 S.W.2d 790, 791 n. 1 (Tex.App.-San Antonio 1993, no pet). Therefore, after receiving the supplemental record from the trial court, we notified Saldivar-Quintero that his appeal would be considered without the benefit of briefing. We have reviewed the record in this appeal for fundamental error and have found none. We therefore affirm the trial court's judgment. See Meza v. State, 742 S.W.2d 708, 708-09 (Tex.App.-Corpus Christi 1987, no pet.).