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Ziolkowski v. State

Court of Appeals Fifth District of Texas at Dallas
Apr 6, 2015
No. 05-14-01102-CR (Tex. App. Apr. 6, 2015)

Opinion

No. 05-14-01102-CR

04-06-2015

MARIAN BERNARD ZIOLKOWSKI, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 199th Judicial District Court Collin County, Texas
Trial Court Cause No. 199-80990-1997

MEMORANDUM OPINION

Before Justices Myers, Evans, and Brown
Opinion by Justice Evans

Marian Bernard Ziolkowski was convicted of felony driving while intoxicated. See TEX. PENAL CODE ANN. § 49.09(b)(2) (West 2014). Punishment, following the revocation of his community supervision, was assessed at two years' imprisonment. The judgment revoking community supervision reflects appellant represented himself. Additionally, this Court adopted the trial court's findings that appellant neither filed an affidavit of indigence nor requested appointment of appellate counsel. Because appellant neither requested nor paid for the reporter's record, we ordered the appeal submitted without that record. See TEX. R. APP. P. 37.3(c). We ordered appellate to file his brief by February 17, 2015. When appellant did not file his brief by March 12, 2015, we ordered him to file his brief by March 25, 2015, and warned that failure to do so would result in submission of the appeal without briefs. See TEX. R. APP. P. 38.8(b); Lott v. State, 874 S.W.2d 687 (Tex. Crim. App. 1994). Appellant has not filed a brief, nor has he communicated with the Court regarding the appeal.

Appellant's original community supervision was imposed on June 25, 1998. Several motions to revoke appellant's community supervision were filed, and the trial court continued appellant on supervision, modifying his conditions. The motion on which his supervision was revoked was filed on May 21, 2008, and the warrant was issued on May 28, 2008, both within the ten-year supervision period. See TEX. CODE CRIM. P. ANN. art. 42.12, § 21(e) (West Supp. 2014); Garcia v. State, 387 S.W.3d 20, 23 (Tex. Crim. App. 2012).

The clerk's record contains appellant's appeal bond.
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Absent briefs, no issues are before us. Finding no fundamental error, we affirm the trial court's judgment.

/ David Evans/

DAVID EVANS

JUSTICE
Do Not Publish
TEX. R. APP. P. 47
141102F.U05

JUDGMENT

On Appeal from the 199th Judicial District Court, Collin County, Texas
Trial Court Cause No. 199-80990-1997.
Opinion delivered by Justice Evans, Justices Myers and Brown participating.

Based on the Court's opinion of this date, we AFFIRM the trial court's judgment.


Summaries of

Ziolkowski v. State

Court of Appeals Fifth District of Texas at Dallas
Apr 6, 2015
No. 05-14-01102-CR (Tex. App. Apr. 6, 2015)
Case details for

Ziolkowski v. State

Case Details

Full title:MARIAN BERNARD ZIOLKOWSKI, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Apr 6, 2015

Citations

No. 05-14-01102-CR (Tex. App. Apr. 6, 2015)