TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-00-00376-CR

NO. 03-00-00377-CR

NO. 03-00-00378-CR

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Jose Antonio Rivera, Appellant

&

Martin Hernandez, Appellant

&

Marcos Antonio Hernandez, Appellant

v.

The State of Texas, Appellee

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FROM THE COUNTY COURT AT LAW NO. 1 OF WILLIAMSON COUNTY

NOS. 00-1410-1, 00-1402-1 & 00-1409-1

HONORABLE KEVIN HENDERSON, JUDGE PRESIDING

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Appellants Jose Antonio Rivera, Martin Hernandez, and Marcos Antonio Hernandez pleaded guilty to evading arrest. See Tex. Penal Code Ann. § 38.04 (West Supp. 2001). The court adjudged them guilty and sentenced each to incarceration for thirty days.

Appellants' retained attorney did not file a brief on appeal. Neither counsel nor appellants appeared at the hearing ordered by this Court pursuant to Texas Rule of Appellate Procedure 38.8(b)(2). Under the circumstances, we conclude that appellants either no longer desire to prosecute the appeals or have failed to make the necessary arrangements for filing a brief. See Tex. R. App. P. 38.8(b)(4).

We have reviewed the appellate record and find no fundamental error that should be considered in the interest of justice. The judgments of conviction are affirmed.

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Mack Kidd, Justice

Before Justices Kidd, B. A. Smith and Puryear

Affirmed

Filed: June 29, 2001

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