COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

ENRIQUE DIAZ,                                                  )

                                                                              )               No.  08-01-00495-CR

Appellant,                          )

                                                                              )                    Appeal from the

v.                                                                           )

                                                                              )          168th Impact District Court

THE STATE OF TEXAS,                                     )

                                                                              )            of El Paso County, Texas

Appellee.                           )

                                                                              )                (TC# 20000D02369)

                                                                              )

O P I N I O N

Appellant Enrique Diaz appeals of his conviction for possession of marijuana and a

ten-year probated sentence.

In January 2002, this Court became aware that no reporter=s record for this case had been filed.  The assigned court reporter filed an affidavit with the Court stating no financial arrangements had been made for the preparation of a reporter=s record to support Appellant=s appeal.  She also stated she had been informed that Appellant=s attorney had been unable to contact Appellant.  As a result, this Court issued an order on February 11, 2002, requiring the trial court to conduct a hearing to determine whether the appellant desired to prosecute his appeal, whether he had been deprived of a reporter=s record or effective assistance of counsel, and to make appropriate findings and recommendations.  On February 22, 2002, the trial court held a status hearing in compliance with the Court Order.  The trial court filed findings of fact and a recommendation stating that Appellant had failed to maintain contact with his attorney and recommending this appeal be dismissed.  This Court then issued an order that the appeal be submitted on the clerk=s record alone, pursuant to Tex.R.App.P. 37.3(c).

In light of the abovementioned occurrences, we find authority to dismiss this appeal pursuant to Tex.R.App.P. 37.3(c), which states:

(C)  If No Reporter=s Record Filed Due to Appellant=s Fault.  Under the following circumstances, and if the clerk=s record has been filed, the appellate court may--after first giving the appellant notice and a reasonable opportunity to cure--consider and decide those issues or points that do not require a reporter=s record for a decision. The court may do this if no reporter=s record has been filed because:

(1)               the appellant failed to request a reporter=s record; or

(2)(A)  appellant failed to pay or make arrangements to pay the reporter=s fee to prepare the reporter=s record; and

     (B)  the appellant is not entitled to proceed without payment of costs.          

Tex.R.App.P. 37.3(c).

There is no question that Appellant has been given reasonable and adequate opportunity to demonstrate he still wishes to maintain his appeal in this Court.  This Court has no issues or points before it that do not require a reporter=s record for decision.  We are therefore unable to reach the merits of the appeal.  The appeal is dismissed pursuant to Tex.R.App.P. 37.3(c).

June 13, 2002

DAVID WELLINGTON CHEW, Justice

Before Panel No. 2

Barajas, C.J., McClure, and Chew, JJ.

(Do Not Publish)