Life sentence imposed in sex offense case

M E M O R A N D U M O P I N I O N

Following a bench trial, appellant Merlon Hines was found guilty of aggravated sexual assault. See Tex. Penal Code Ann. § 22.021 (West Supp. 2007). The court assessed punishment, enhanced by previous felony convictions, at imprisonment for life.

Appellant represents himself on appeal, as he did at trial. (1) His brief on appeal was originally due in March 2007. On appellant's motion, the time for filing was extended three times, the last extension being to November 16, 2007. On December 11, 2007, after no brief was filed and no further extension of time was requested, the Court ordered appellant to tender his brief for filing no later than January 4, 2008. The order advised appellant that if he did not file a brief as ordered, the appeal would be submitted for decision without a brief. No brief has been received. See Tex. R. App. P. 38.8(b)(4) (consideration of appeal without briefs).

We have examined the record and find no fundamental error or other matter that should be considered in the interest of justice. The judgment of conviction is affirmed.
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David Puryear, Justice
Before Justices Patterson, Puryear and Henson
Affirmed
Filed: February 27, 2008
Do Not Publish

AFFIRMED: Opinion by Justice Puryear (Before Justices Patterson, Puryear and Henson)

Merlon Hines v. The State of Texas--Appeal from 299th District Court of Travis County

1. Appellant had an appointed attorney, but later filed a written waiver of the right to counsel. See Tex. Code Crim. Proc. Ann. art. 1.051(g) (West Supp. 2007). Appellant's original attorney thereafter served as stand-by counsel until he was allowed to withdraw and was replaced by another attorney. Appellant personally conducted the defense at trial. He filed a pro se notice of appeal and did not request counsel on appeal. Appellant was provided a copy of the appellate record.