Cooper
v.
State

Court of Appeals Fifth District of Texas at DallasSep 15, 2014
No. 05-13-01611-CR (Tex. App. Sep. 15, 2014)

No. 05-13-01611-CR

09-15-2014

JAY SANDON COOPER, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the County Court at Law No. 2 Collin County, Texas
Trial Court Cause No. 005-87752-09


MEMORANDUM OPINION

Before Justices O'Neill, Lang-Miers, and Brown
Opinion by Justice Lang-Miers


Jay Sandon Cooper was convicted of the Class C misdemeanor offense of violation of a city ordinance and ordered to pay a $10.00 fine. Appellant is not indigent and determined to represent himself on appeal. On July 29, 2014, the Court ordered appellant to file his brief by September 2, 2014. We warned that no further extensions would be granted and, if the brief was not filed by September 2, 2014, we would, without further notice, submit the appeal without briefs. See Lott v. State, 874 S.W.2d 687 (Tex. Crim. App. 1994); see also TEX. R. APP. P. 38.8(b)(4). Appellant did not file a brief.

This appeal arose out of a conviction in municipal court followed by appeal de novo to the county court at law. The fine did not exceed $100 and absent a brief, no issues are before us. Therefore, we conclude we have no jurisdiction over the appeal. See TEX. CODE CRIM. P. ANN. art. 4.03 (West Supp. 2013) (appellate jurisdiction only when fine exceeds $100 or sole issue is constitutionality of statute or ordinance on which conviction based).

We dismiss the appeal for want of jurisdiction.

/Elizabeth Lang-Miers/


ELIZABETH LANG-MIERS


JUSTICE
Do Not Publish
TEX. R. APP. P. 47
131611F.U05

JUDGMENT

On Appeal from the County Court at Law No. 2, Collin County, Texas
Trial Court Cause No. 005-87752-09.
Opinion delivered by Justice Lang-Miers, Justices O'Neill and Brown participating.


Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction.