Geovanny Francisco Laguan v. State ( 2014 )

Opinion issued May 1, 2014.
In The
Court of Appeals
For The
First District of Texas
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NOS. 01-12-00650-CR
01-12-00651-CR
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GEOVANNY FRANCISCO LAGUAN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Court at Law No. 3
Fort Bend County, Texas
Trial Court Case Nos. 11-CCR-158234 & 11-CCR-158058
MEMORANDUM OPINION
Appellant, Geovanny Francisco Laguan, was convicted of operating a motor
vehicle without a driver’s license and cutting across a driveway at an intersection
to turn from one highway to another. See TEX. PENAL CODE ANN. § 12.41(3)
(Vernon 2011) & TEX. TRANSP. CODE ANN. § 521.025 (Vernon 2013). Appellant
did not request or pay for a reporter’s record for over a year after these appeals
were filed. The record contains no suggestion that appellant is indigent, nor has
appellant made any request that a record be provided at no cost to him. After
appellant was given notice and an opportunity to cure, which he failed to do, this
Court ordered that the appeals be submitted for decision without a reporter’s
record. See TEX. R. APP. P. 37.3(c)(1). Appellant’s briefs were due August 19,
2013. However, appellant did not file briefs, and this Court ordered that the cases
be submitted without briefs if none were filed by October 17, 2013. Four months
have passed and no briefs have been filed. See TEX. R. APP. P. 38.8(b)(4). Absent
briefs, no issues are presented for our review. Nevertheless, in the interest of
justice, we have reviewed the record for unassigned fundamental error. See Lott v.
State, 874 S.W.2d 687, 688 (Tex. Crim. App. 1994) (reviewing appeal for
unassigned fundamental error when appellant failed to file brief on appeal).
Finding no unassigned fundamental error, we affirm the trial court’s judgment.
Sherry Radack
Chief Justice
Panel consists of Chief Justice Radack and Justices Massengale and Huddle.
Do not publish. TEX. R. APP. P. 47.2(b).
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