Opinion

Ann Marie Trevino v. State

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Aug 6, 2009
Status
Published
Cited by
0 cases
Authority
More cited than 35.3%

The opinion

Opinion issued August 6, 2009

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-05-00413-CR

____________

ANN MARIE TREVINO, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 240th District Court

Fort Bend County, Texas

Trial Court Cause No. 41208

MEMORANDUM OPINION

Appellant, Ann Marie Trevino, pleaded guilty to the state jail felony offense

of debit card abuse without an agreement as to punishment with the State. The trial

judge assessed punishment at confinement for 18 months. Appellant filed a pro se

notice of appeal.

We abated this appeal and remanded the case to the trial court for a hearing

because no brief had been filed and because appellant’s court appointed counsel

notified the Clerk of this Court that he had not been able to make contact with

appellant to determine if she wanted to proceed with the appeal. In response to our

order of abatement, the trial court scheduled a hearing, and issued notice and service

for appellant, Ann Marie Trevino to appear at the hearing. Appellant did not appear

at the hearing. We order the appeal reinstated.

On March 16, 2009, the trial court filed findings of fact and conclusions of law

with the Clerk of this Court. The following findings were made by the trial court:

1) On April 5, 2005, appellant, Ann Marie Trevino, was convicted

of the offense of debit card abuse and was sentenced to eighteen

months in state jail wit credit for ninety-seven days. On April 12,

2005, Appellant filed a notice of appeal, but as of this date has

not filed an appellate brief.

2) There have been numerous attempts to contact appellant to

determine whether or not she wishes to pursue her appeal, but to

no avail. Specifically:

A) Appellant’s attorney, Stephen Doggett, who was appointed

to her case as appellate counsel on August 31, 2005, sent

a letter to appellant at her last known address but it was

returned.

B) Mr. Doggett then ran a computer search to determine if

appellant’s last known address was , in fact her address.

The search returned three possible addresses all of which

Mr. Doggett visited personally.

C) On November 6, 2006, Mr. Doggett made contact with

appellant’s sister at 1600 Maiden Lane, Richmond, Texas,

one of the addresses that turned up in his computer search,

and left his card for appellant to contact him.

D) On December 1, 2006, Mr. Doggett again traveled to 1600

Maiden Lane, Richmond, Texas, and visited with

appellant’s mother. Mr. Doggett again left his card for

appellant to contact him.

E) On February 18, 2009, Mr. Doggett again traveled to 1600

Maiden Lane, Richmond, Texas, and spoke with

appellant’s stepfather, David Provost. Mr. Doggett again

explained why he needed to speak to appellant and asked

that she contact him. Mr. Trevino said he would relay the

message to appellant, but Mr. Doggett has not received any

response.

F) On December 8, 2006, Deputy Robert Brown of the Fort

Bend County, Precinct One Constable’s Office attempted

to personally serve appellant but was unable to locate her.

The officer’s return indicates that appellant had not been

seen at her address at 1600 Maiden Lane, Richmond, Texas

for one month.

G) On February 9, 2009, a summons was issued for appellant

to appear to inform the Court whether or not she wished to

pursue her appeal. Pursuant to the Court of Appeals’

Order, this notice was sent certified mail, return receipt

requested.

H) On March 6, 2009, a show cause order was issued and

attempts were again made to locate appellant. Chief Deputy

Rand Dhuly of the Fort Bend County Precinct One

Constables Office reported to the Court, through the

District Attorney’s Office, that he had attempted to

personally serve appellant, but no one answered the door

at 1600 maiden Lane, Richmond, Texas. Chef Deputy

Dhuly went next door and spoke to neighbors who

indicated they did not know Ann Marie Trevino.

The record reflects that appellant Trevino was released from custody in June

of 2005. The record also reflects that the trial court found that (1) reasonable

attempts have been made to locate appellant to notify her of the proceedings in this

case and to determine whether she wishes to pursue her appeal, and (2) because

appellant has not replied to any of the repeated attempts to contact her regarding her

appeal, this court hereby determines and concludes that appellant has abandoned her

appeal.

According to the Rules of Appellate Procedure, we may consider an appeal

without briefs if the trial court has found that the appellant no longer desires to

prosecute the appeal. See Tex. R. App. P. 38.8(b)(4). After reviewing the abatement

hearing records, we find that appellant has done nothing to prosecute this appeal, that

she has not kept this Court, the trial court, or her attorney informed of her

whereabouts, and that she has abandoned her appeal and no longer desires to

prosecute this appeal. Accordingly, we will consider the appeal without briefs.

There is nothing but the clerk’s record presented for review. We have

reviewed the record for fundamental error and find 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.).

We affirm the judgment of the trial court.

We deny as moot any pending motions.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Sharp and Taft.

Do not publish. Tex. R. App. P. 47.2(b)

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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