TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-00-00397-CR

Enrique Montiel, Appellant v. The State of Texas, Appellee

FROM THE COUNTY COURT AT LAW NO. 1 OF WILLIAMSON COUNTY NO. 97-1431-1, HONORABLE KEVIN HENDERSON, JUDGE PRESIDING

A jury found appellant Enrique Montiel guilty of theft and assessed punishment at incarceration for 270 days and a $4000 fine. See Tex. Penal Code Ann. § 31.03(a), (e)(3) (West Supp. 2001).

Appellant represents himself on appeal. A reporter’s record was not requested and, after appellant was given notice and an opportunity to cure, the appeal was submitted for decision without a reporter’s record. See Tex. R. App. P. 37.3(c)(1). Appellant did not file a brief or respond to this Court’s notices. See Tex. R. App. P. 38.8(b)(4). We have examined the record before us and find no fundamental error that should be considered in the interest of justice.

The judgment of conviction is affirmed.

Lee Yeakel, Justice Before Chief Justice Aboussie, Justices Yeakel and Patterson Affirmed Filed: May 17, 2001 Do Not Publish