Affirm and Opinion Filed April 6, 2015.
Court of Appeals
SIn The
Fifth District of Texas at Dallas
No. 05-14-01102-CR
MARIAN BERNARD ZIOLKOWSKI, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 199th Judicial District Court
Collin County, Texas
Trial Court Cause No. 199-80990-1997
MEMORANDUM OPINION
Before Justices Myers, Evans, and Brown
Opinion by Justice Evans
Marian Bernard Ziolkowski was convicted of felony driving while intoxicated. See TEX.
PENAL CODE ANN. § 49.09(b)(2) (West 2014). Punishment, following the revocation of his
community supervision, was assessed at two years’ imprisonment. 1 The judgment revoking
community supervision reflects appellant represented himself. 2 Additionally, this Court adopted
the trial court’s findings that appellant neither filed an affidavit of indigence nor requested
appointment of appellate counsel. Because appellant neither requested nor paid for the reporter’s
record, we ordered the appeal submitted without that record. See TEX. R. APP. P. 37.3(c). We
1
Appellant’s original community supervision was imposed on June 25, 1998. Several motions to revoke appellant’s community
supervision were filed, and the trial court continued appellant on supervision, modifying his conditions. The motion on which his supervision
was revoked was filed on May 21, 2008, and the warrant was issued on May 28, 2008, both within the ten-year supervision period. See TEX.
CODE CRIM. P. ANN. art. 42.12, § 21(e) (West Supp. 2014); Garcia v. State, 387 S.W.3d 20, 23 (Tex. Crim. App. 2012).
2
The clerk’s record contains appellant’s appeal bond.
ordered appellate to file his brief by February 17, 2015. When appellant did not file his brief by
March 12, 2015, we ordered him to file his brief by March 25, 2015, and warned that failure to
do so would result in submission of the appeal without briefs. See TEX. R. APP. P. 38.8(b); Lott
v. State, 874 S.W.2d 687 (Tex. Crim. App. 1994). Appellant has not filed a brief, nor has he
communicated with the Court regarding the appeal.
Absent briefs, no issues are before us. Finding no fundamental error, we affirm the trial
court’s judgment.
/ David Evans/
DAVID EVANS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
141102F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
MARIAN BERNARD ZIOLKOWSKI, On Appeal from the 199th Judicial District
Appellant Court, Collin County, Texas
Trial Court Cause No. 199-80990-1997.
No. 05-14-01102-CR V. Opinion delivered by Justice Evans, Justices
Myers and Brown participating.
THE STATE OF TEXAS, Appellee
Based on the Court’s opinion of this date, we AFFIRM the trial court’s judgment.
Judgment entered this 6th day of April, 2015.
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