Greg Rodriguez v. State of Texas

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-01-325 CR

NO. 09-01-326 CR

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GREG RODRIGUEZ, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the County Court at Law No. 1

Angelina County, Texas

Trial Cause Nos. 01-0034 and 01-0035




MEMORANDUM OPINION

In a consolidated jury trial, Greg Rodriguez was convicted for resisting search (Cause No. 01-0034; Appeal No. 09-01-325 CR) and resisting arrest (Cause No. 01-0035; Appeal No. 09-01-326 CR). The trial court assessed punishment in each case at 6 months of confinement and a $1,000 fine, but suspended imposition of the sentence and placed Rodriguez on community supervision for two years.



Rodriguez filed notice of appeal, but did not seek indigent status and failed to make arrangements for preparation of a reporter's record. On January 10, 2002, we notified the parties that the appeals would be submitted on the clerk's records alone. Tex. R. App. P. 37.3(c). We subsequently abated the appeal and remanded the cause to the trial court for a hearing to determine why the appellant's briefs had not been filed. Tex. R. App. P. 38.8. The trial court found the appellant did not desire to continue the appeals. On April 11, 2002, we reinstated the appeals and ordered that the appeals be submitted without briefs. Tex. R. App. P. 38.8(b)(4); Tex. R. App. P. 39.9. Because the appeals involve the application of well-settled principles of law, we deliver this memorandum opinion. See Tex. R. App. P. 47.1.

We have conducted a diligent review of the record and conclude that the trial court committed no fundamental error. Meza v. State, 742 S.W.2d 708 (Tex. App.--Corpus Christi 1987, no pet.). The judgments of the trial court are affirmed.

AFFIRMED.

PER CURIAM

Submitted on May 2, 2002

Opinion Delivered May 8, 2002

Do Not Publish



Before Walker, C.J., Burgess and Gaultney, JJ.