In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-12-00307-CR
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JANSON MICHAEL DURNEY, Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the County Court at Law No. 5
Montgomery County, Texas
Trial Cause No. 11-272011
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MEMORANDUM OPINION
The trial court convicted Janson Michael Durney of the misdmeanor offense of
failure to identify and assessed a one year jail term and a $500 fine as punishment, then
suspended the imposition of the jail sentence and placed Durney on community
supervision for eighteen months. See Tex. Penal Code Ann. § 38.02(b), (d)(2) (West
2011). Representing himself pro se and without claiming indigence, Durney appealed but
did not make payment arrangements for the record. After giving notice and providing an
opportunity to cure, we dismissed the appeal. See Tex. R. App. P. 37.3(b). We granted
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Durney’s motion to reinstate after we received the clerk’s record, but he failed to file a
brief. We remanded the case to the trial court with instructions to determine whether
Durney desires to prosecute his appeal. See Tex. R. App. P. 38.8(b)(2). After conducting
a hearing, which Durney failed to attend, the trial court found that the appellant no longer
desires to pursue the appeal.
Durney’s failure to file a brief constitutes abandonment of the appeal. See Parker
v. State, 69 S.W.3d 677, 678 (Tex. App.—Waco 2002, no pet.). Durney is not indigent
and has failed to make arrangements for filing a brief. Accordingly, we exercise our
authority to consider this appeal without briefs. See Tex. R. App. P. 38.8(b)(4). We
review the record in the interest of justice. Lott v. State, 874 S.W.2d 687, 688 (Tex. Crim.
App. 1994). Our review of the record has not revealed an error requiring reversal on
unassigned error. We affirm the trial court’s judgment.
AFFIRMED.
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DAVID GAULTNEY
Justice
Opinion Delivered March 27, 2013
Do Not Publish
Before McKeithen, C.J., Gaultney and Kreger, JJ.
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