TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-98-00432-CR

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Timothy Lamon Proctor, Appellant

v.

The State of Texas, Appellee

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FROM THE DISTRICT COURT OF MILAM COUNTY, 20TH JUDICIAL DISTRICT

NO. 18,266, HONORABLE CHARLES E. LANCE, JUDGE PRESIDING

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In June 1992, appellant Timothy Lamon Proctor was placed on deferred adjudication community supervision for eight years after pleading guilty to possessing cocaine with intent to deliver. Following a hearing on the State's motion in July 1998, the district court found that appellant violated the conditions of his supervision, adjudicated him guilty, and imposed sentence of imprisonment for five years.

Appellant did not pay for the reporter's record and none was filed. Appellant's retained attorney did not respond to this Court's notices. A hearing in the district court was ordered to determine whether appellant wished to pursue the appeal. See Tex. R. App. P. 37.3(a)(2). In response to this Court's order, counsel wrote a letter to the district court stating, "My client . . . Timothy Lamon Proctor, does not wish to continue his appeal." A copy of counsel's letter was forwarded to the Clerk by the coordinator for the 20th District Court. In her cover letter, the coordinator states that appellant's father contacted her and confirmed that appellant does not wish to pursue this appeal.

We will not dismiss an appeal in the absence of a proper motion. See Tex. R. App. P. 42.2. We conclude that the absence of a reporter's record is appellant's fault and that it is appropriate to decide the appeal without briefs. See Tex. R. App. P. 37.3(c), 38.8(b)(4). We have examined the clerk's record and find no fundamental error or other matter that should be considered in the interest of justice.

The judgment of conviction is affirmed.

Lee Yeakel, Justice

Before Justices Jones, B. A. Smith and Yeakel

Affirmed

Filed: August 12, 1999

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