Case Information
*1 Affirm and Opinion Filed April 6, 2015.
In The No. 05-14-01102-CR MARIAN BERNARD ZIOLKOWSKI, Appellant V.
On Appeal from the 199th Judicial District Court Collin County, Texas Trial Court Cause No. 199-80990-1997 MEMORANDUM OPINION Before Justices Myers, Evans, and Brown Opinion by Justice Evans
Marian Bernard Ziolkowski was convicted of felony driving while intoxicated. See T EX .
P ENAL C ODE A NN . § 49.09(b)(2) (West 2014). Punishment, following the revocation of his community supervision, was assessed at two years’ imprisonment. [1] The judgment revoking community supervision reflects appellant represented himself. [2] Additionally, this Court adopted the trial court’s findings that appellant neither filed an affidavit of indigence nor requested appointment of appellate counsel. Because appellant neither requested nor paid for the reporter’s record, we ordered the appeal submitted without that record. See T P. 37.3(c). We *2 ordered appellate to file his brief by February 17, 2015. When appellant did not file his brief by March 12, 2015, we ordered him to file his brief by March 25, 2015, and warned that failure to do so would result in submission of the appeal without briefs. R. PP P. 38.8(b); Lott v. State , 874 S.W.2d 687 (Tex. Crim. App. 1994). Appellant has not filed a brief, nor has he communicated with the Court regarding the appeal.
Absent briefs, no issues are before us. Finding no fundamental error, we affirm the trial court’s judgment.
/ David Evans/ DAVID EVANS JUSTICE Do Not Publish
T P. 47
141102F.U05
Court of Appeals
JUDGMENT MARIAN BERNARD ZIOLKOWSKI, On Appeal from the 199th Judicial District Appellant Court, Collin County, Texas
Trial Court Cause No. 199-80990-1997. No. 05-14-01102-CR V. Opinion delivered by Justice Evans, Justices
Myers and Brown participating. Based on the Court’s opinion of this date, we AFFIRM the trial court’s judgment. Judgment entered this 6th day of April, 2015.
[1] Appellant’s original community supervision was imposed on June 25, 1998. Several motions to revoke appellant’s community supervision were filed, and the trial court continued appellant on supervision, modifying his conditions. The motion on which his supervision was revoked was filed on May 21, 2008, and the warrant was issued on May 28, 2008, both within the ten-year supervision period. C ODE C RIM P. NN . art. 42.12, § 21(e) (West Supp. 2014); Garcia v. State , 387 S.W.3d 20, 23 (Tex. Crim. App. 2012).
[2] The clerk’s record contains appellant’s appeal bond.