John William Layton v. State of Texas

Opinion filed May 28, 2009

 

 

Opinion filed May 28, 2009

 

 

 

 

 

 

                                                                        In The

                                                                             

    Eleventh Court of Appeals

                                                                 ____________

 

                                                          No. 11-07-00366-CR

                                                    __________

 

                                JOHN WILLIAM LAYTON, Appellant

 

                                                             V.

 

                                         STATE OF TEXAS, Appellee

 

 

                                          On Appeal from the 35th District Court

 

                                                          Brown County, Texas

 

                                                 Trial Court Cause No. CR19046

 

 

                                             M E M O R A N D U M    O P I N I O N

The jury convicted John William Layton of driving while intoxicated with a child as a passenger and assessed his punishment at confinement in a state jail facility for one year.  We affirm.

After a hearing pursuant to Tex. R. App. P. 38.8(b), the trial court found that appellant was not indigent and concluded that appellant had either failed to make the necessary arrangements for the filing of his brief or had abandoned his appeal.  Therefore, pursuant to Rule 38.8(b)(4), we will consider this appeal on the record alone.


We have reviewed the record before us and note that it does not contain reversible error.  Tex. R. App. P. 44.2(a).  Therefore, the judgment of the trial court is affirmed.

 

PER CURIAM

 

May 28, 2009

Do not publish.  See Tex. R. App. P. 47.2(b).

Panel consists of:  Wright, C.J.,

McCall, J., and Strange, J.