Jay Sandon Cooper v. State

DISMISS; and Opinion Filed September 15, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01611-CR JAY SANDON COOPER, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the County Court at Law No. 2 Collin County, Texas Trial Court Cause No. 005-87752-09 MEMORANDUM OPINION Before Justices O’Neill, Lang-Miers, and Brown Opinion by Justice Lang-Miers Jay Sandon Cooper was convicted of the Class C misdemeanor offense of violation of a city ordinance and ordered to pay a $10.00 fine. Appellant is not indigent and determined to represent himself on appeal. On July 29, 2014, the Court ordered appellant to file his brief by September 2, 2014. We warned that no further extensions would be granted and, if the brief was not filed by September 2, 2014, we would, without further notice, submit the appeal without briefs. See Lott v. State, 874 S.W.2d 687 (Tex. Crim. App. 1994); see also TEX. R. APP. P. 38.8(b)(4). Appellant did not file a brief. This appeal arose out of a conviction in municipal court followed by appeal de novo to the county court at law. The fine did not exceed $100 and absent a brief, no issues are before us. Therefore, we conclude we have no jurisdiction over the appeal. See TEX. CODE CRIM. P. ANN. art. 4.03 (West Supp. 2013) (appellate jurisdiction only when fine exceeds $100 or sole issue is constitutionality of statute or ordinance on which conviction based). We dismiss the appeal for want of jurisdiction. /Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE Do Not Publish TEX. R. APP. P. 47 131611F.U05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT JAY SANDON COOPER, Appellant On Appeal from the County Court at Law No. 2, Collin County, Texas No. 05-13-01611-CR V. Trial Court Cause No. 005-87752-09. Opinion delivered by Justice Lang-Miers, THE STATE OF TEXAS, Appellee Justices O’Neill and Brown participating. Based on the Court’s opinion of this date, we DISMISS the appeal for want of jurisdiction. Judgment entered this 15th day of September, 2014. –3–