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Steven Derek Phiffer v. The State of Texas
Case Number: 11-17-00210-CR
Judge: PER CURIAM Panel consists of: Willson, J., Bailey, J., and Wright, S.C.J.
Court: Eleventh Court of Appeals
Plaintiff's Attorney: Carolyn D. Thurmond, Assistant
Defendant's Attorney: Uknown
Description: We previously abated this appeal for the trial court to determine whether Appellant desired to prosecute this appeal and, if so, whether Appellant had made any arrangements for filing the brief. See TEX. R. APP. P. 38.8(b). In compliance with this court’s order, the trial court held a hearing. Appellant did not appear at the hearing, but the record from that hearing shows that he had gone to the trial court clerk’s office and paid his fine and court costs in full. The trial court surmised that Appellant had “decided to not continue with his appeal.” Because Appellant is not indigent and because Appellant did not file a brief or make arrangements to pay for the reporter’s record, this appeal has been submitted on the clerk’s record—without a reporter’s record from the jury trial and without an appellant’s brief. See TEX. R. APP. P. 37.3(c), 38.8(b)(4). We have reviewed the clerk’s record and the reporter’s record from the hearing that was conducted pursuant to Rule 38.8(b), and we have found no reversible error.
Outcome: Consequently, we affirm the judgment of the trial court.