Keith Garrett Kerr v. State

Opinion issued May 24, 2007 In the Court of Appeals For The First District of Texas ____________ NO. 01-05-00508-CR ____________ KEITH GARRETT KERR, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 248th District Court Harris County, Texas Trial Court Cause No. 868072 MEMORANDUM OPINION Appellant, Keith Garrett Kerr, pleaded true to the State's motion to adjudicate guilt. Contemporaneously with the plea, appellant, appellant's counsel, and the State signed a stipulation of evidence that included a judicial confession, waiver of constitutional rights, and the following statements: I am the same Keith Garrett Kerr who on May 2, 2001, in Harris County, Texas entered a plea of guilty to the felony offense of aggravated assault with a deadly weapon in the 248th District Court of Harris County, Texas, and the Court, after hearing evidence introduced thereon, and finding that it substantiated my guilt, deferred entering an adjudication of guilt and granted me adult community supervision for a period of four years . . . I understand the allegations against me in the State's motion and judicially confess that it is true and that I violated the terms and conditions of my community supervision as stated in the attached State's motion. I understand that the possible range of punishment is not less than two years and not more than 20 years confinement . . . and a possible fine of not more than $10, 000 . . . I further waive my right to have this proceeding recorded by a court reporter or by any other means. After the hearing, the trial court found that appellant had violated the conditions of his community supervision, adjudicated his guilt, and sentenced him to confinement for four years and six months. Appellant then filed a pro se notice of appeal. However, because no brief had been filed, we remanded this appeal to the trial court to determine whether appellant wished to prosecute his appeal. Although the trial court scheduled a hearing on our order of abatement, appellant did not appear at the November 21, 2006 hearing. The record of the proceedings has been filed in this Court, and the trial court made the following written findings of fact: (1) The defendant Keith Kerr has been released from custody. (2) The Court sent notice of the hearing to defendant's last known address. The defendant did not respond or appear. (3) Accordingly, the Court finds the defendant no longer wishes to pursue this appeal. We may consider an appeal without briefs if a trial court finds that an appellant no longer desires to prosecute his appeal. See Tex. R. App. P. 38.8(b)(4). Accordingly, we consider this appeal without briefs. Here, there is nothing but the clerk's record presented for review. We have reviewed the record for fundamental error and have found none. See Carroll v. State, 75 S.W.3d 633, 634 (Tex. App.--Waco 2002, no pet.); Ashcraft v. State, 802 S.W.2d 905, 906 (Tex. App.--Fort Worth 1991, no pet.); Meza v. State, 742 S.W.2d 708, 708-09 (Tex. App.--Corpus Christi 1987, no pet.). Accordingly, we affirm the judgment of the trial court. PER CURIAM Panel consists of Justices Taft, Jennings, and Alcala. Do not publish. Tex. R. App. P. 47.2.(b).