A jury found appellant Mehdi Hassanali Patel guilty of assault with family violence. The court sentenced appellant to one year in jail and a $4000 fine, but suspended imposition of sentence and placed appellant on community supervision.

Appellant was represented by retained counsel at trial. Appellant hired a different lawyer to file a motion for new trial, which was overruled. Appellant then filed a pro se notice of appeal. Appellant has never claimed to be indigent.

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). The trial court found that appellant was deported to Canada following his arrest for a controlled substance offense and that he has not made arrangements for filing a brief. 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.

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Jan P. Patterson, Justice

Before Patterson, Pemberton and Waldrop

Affirmed

Filed: May 27, 2009

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