No. 14-04-00173-CRCourt of Appeals of Texas, Fourteenth District, Houston.
Memorandum Opinion filed July 8, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the Count Criminal Court at Law No. 2, Harris County, Texas, Trial Court Cause No. 1195709.
Affirmed.
Panel consists of Justices FOWLER, EDELMAN, and SEYMORE.
MEMORANDUM OPINION
PER CURIAM.
After a jury trial, appellant was convicted of the offense of driving while intoxicated, and was sentenced on February 17, 2004, to 180 days in the Harris County Jail, and a fine of $950.00.
On April 15, 2004, this court ordered a hearing to determine why appellant’s counsel had not filed a brief in this appeal. On May 3, 2004, the trial court conducted the hearing. The record of the hearing was filed in this court on May 12, 2004. At the hearing on May 3, 2004, appellant was unable to decide whether to continue his appeal. The judge continued the hearing to May 10, 2004, clearly indicating to appellant that if appellant did not show at the hearing on May 10, 2004, the failure to attend would constitute appellant’s decision not to continue his appeal. Appellant did not show at the May 10, 2004, hearing. Accordingly, the trial court concluded that appellant chose not to appeal his conviction.
On the basis of the trial court’s finding, this court has considered the appeal without briefs. See TEX. R. APP. P. 38.8(b).
The case is before us without a reporter’s record or bill of exception. We find no fundamental error.
Accordingly, the judgment of the trial court is affirmed.