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Opinion filed December 8, 2005
In The
Eleventh Court of Appeals
__________
No. 11-04-00248-CR
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RICARDO RIOJAS, Appellant
V.
STATE OF TEXAS, Appellee
On Appeal from the 104th District Court
Taylor County, Texas
Trial Court Cause No. 14,448-B
O P I N I O N
The jury convicted Ricardo Riojas of aggravated possession of cocaine with intent to deliver, aggravated possession of cocaine, and possession of marihuana. The jury assessed his punishment at confinement for 20 years and a fine of $50,000 for the aggravated possession of cocaine with intent to deliver offense and at confinement for 15 years for the aggravated possession of cocaine offense. For the possession of marihuana offense, the jury assessed punishment at confinement for 5 years and recommended that the imposition of the sentence be suspended and that appellant be placed on community supervision. We affirm.
Appellant was represented by counsel at trial. On appeal, he has asserted his right to self- representation. After a Hubbard hearing,[1] the trial court found that appellant was competently, knowingly, voluntarily, and intelligently waiving his right to court-appointed counsel on appeal.
The clerk=s record was filed in this court on December 30, 2004, and the reporter=s record was filed on March 1, 2005. Numerous extensions of time in which to file appellant=s brief have been granted. On October, 13, 2005, the clerk of this court wrote appellant telling him that his brief was now due to be filed in this court on or before November 14, 2005, and that failure to file the brief by November 14 would result in the matter being referred to the court. There has been no response to our letter of October 13. Therefore, the appeal will be considered on the record before the court.
Kevin Ferguson testified that he was employed as a narcotic investigator for the Taylor County Sheriff=s Department. During the course of investigating on-going narcotics trafficking, Deputy Ferguson was conducting surveillance on a residence. On February 13, 2004, Deputy Ferguson followed a green pickup driven by appellant from the residence to a self-storage facility. Deputy Ferguson observed the pickup drive through the gate to a storage facility after a code was entered. Deputy Ferguson also observed appellant get out of the pickup and enter one of the storage facilities. Appellant then drove back to the residence and handed a Afairly good-sized package@ to an individual who was standing in front of the residence.
The next day, a police dog alerted at the storage unit indicating the presence of narcotics. Deputy Ferguson secured a search warrant for the storage unit. Officers recovered marihuana, cocaine, three rifles, one pistol, one air gun, ammunition, and two satellite receivers. Appellant=s fingerprints were recovered from several of the plastic bags of cocaine. The 51 packages of marihuana weighed a total of 101.08 pounds. Excluding packaging, a total of 716.88 grams of cocaine was recovered.
The record does not reflect any error that would constitute reversible error under TEX.R.APP.P. 44.2. The evidence is both factually and legally sufficient to support the jury=s verdict. Jackson v. Virginia, 443 U.S. 307 (1979); Jackson v. State, 17 S.W.3d 664 (Tex.Cr.App.2000); Zuniga v. State, 144 S.W.3d 477 (Tex.Cr.App.2004); Ross v. State, 133 S.W.3d 618 (Tex.Cr.App.2004); Vasquez v. State, 67 S.W.3d 229, 236 (Tex.Cr.App.2002); Cain v. State, 958 S.W.2d 404 (Tex.Cr.App.1997); Clewis v. State, 922 S.W.2d 126 (Tex.Cr.App.1996). The record further reflects that appellant was afforded reasonably effective assistance of counsel. Strickland v. Washington, 466 U.S. 668 (1984); Hernandez v. State, 988 S.W.2d 770 (Tex.Cr.App. 1999).
The judgments of the trial court are affirmed.
PER CURIAM
December 8, 2005
Do not publish. See TEX.R.APP.P. 47.2(b).
Panel consists of: Wright, C.J., and
McCall, J., and Strange, J.