In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-10-00073-CR
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ROY CHESTER BROWN, JR., Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 8th Judicial District Court
Hopkins County, Texas
Trial Court No. 0921248
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Carter
MEMORANDUM OPINION
Roy Chester Brown, Jr., was convicted of burglary of a habitation and was sentenced to
thirty years’ incarceration. On appeal, he argues that his conviction should be reversed and
remanded since he “was not present during his trial on the merits due to injuries he had received.”
We will affirm the trial court’s judgment.
Even though the issue is not clearly stated as such, we interpret Brown’s argument to allege
that the trial court erred in failing to grant a continuance.1 The evidence shows that Brown was
present for the commencement of the trial when the jury was selected, but failed to appear for the
trial one week later. The trial court overruled an oral motion for continuance, and the case was
tried to the jury.
When a defendant voluntarily absents himself or herself after pleading to the indictment or
after the jury has been selected, the trial may proceed to its conclusion. TEX. CODE CRIM. PROC.
ANN. art. 33.03 (Vernon 2006). After a warrant was issued for Brown’s arrest, he was present for
the sentencing hearing.
Brown’s only argument is that he was unable to attend the trial due to injuries. He equates
that situation to a defense in a bail jumping trial and urges that he had a reasonable excuse for
failing to appear. It is a defense to the charge of bail jumping that the defendant had a reasonable
excuse for his or her failure to appear. TEX. PENAL CODE ANN. 38.10(c) (Vernon 2003). Since
this is not a bail jumping case, that statutory defense is not available. Further, there is no evidence
1
The State has failed to file a brief, even though we granted the State’s motion for an extension.
2
of Brown’s injuries. Finally, a motion for continuance must be written showing sufficient cause;
the trial court’s denial of an unsworn, unwritten motion for continuance presents nothing for
appellate review. Dewberry v. State, 4 S.W.3d 735, 756 (Tex. Crim. App. 1999).
We affirm the judgment of the trial court.
Jack Carter
Justice
Date Submitted: February 16, 2011
Date Decided: February 17, 2011
Do Not Publish
3
Roy Chester Brown, Jr. v. State
Combined Opinion