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Shaw v. State

Court of Appeals Fifth District of Texas at Dallas
Nov 16, 2017
No. 05-17-01049-CR (Tex. App. Nov. 16, 2017)

Opinion

No. 05-17-01049-CR

11-16-2017

ELDON ARGUS SHAW, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the County Criminal Court No. 7 Dallas County, Texas
Trial Court Cause No. MA16-48098-H

MEMORANDUM OPINION

Before Justices Lang-Miers, Fillmore, and Stoddart
Opinion by Justice Lang-Miers

On September 1, 2017, Eldon Argus Shaw timely filed a notice of appeal from his conviction for the class A misdemeanor offense of driving while intoxicated with a blood alcohol concentration above 0.15. On November 1, 2017, we received findings and recommendations from the trial court. The trial court found appellant informed retained counsel via text messages as well as in a telephone call that he no longer wished to prosecute this appeal.

In light of this information, we submit the case without the reporter's record and briefs. See TEX. R. APP. P. 37.3(c), 38.8(b)(4). Absent briefs, no issues are before us. We have reviewed the clerk's record for fundamental error and have found none.

We affirm the trial court's judgment.

/Elizabeth Lang-Miers/

ELIZABETH LANG-MIERS

JUSTICE Do Not Publish
TEX. R. APP. P. 47.2(b) 171049F.U05

JUDGMENT

On Appeal from the County Criminal Court No. 7, Dallas County, Texas
Trial Court Cause No. MA16-48098-H.
Opinion delivered by Justice Lang-Miers, Justices Fillmore and Stoddart participating.

Based on the Court's opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered this 16th day of November, 2017.


Summaries of

Shaw v. State

Court of Appeals Fifth District of Texas at Dallas
Nov 16, 2017
No. 05-17-01049-CR (Tex. App. Nov. 16, 2017)
Case details for

Shaw v. State

Case Details

Full title:ELDON ARGUS SHAW, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Nov 16, 2017

Citations

No. 05-17-01049-CR (Tex. App. Nov. 16, 2017)