Summary
The Fifth District Court of Appeals at Dallas affirmed Bruce Kevin Conway’s convictions for possession of cocaine with intent to deliver in two cases. The appeals were submitted without briefs after the court adopted the trial court’s finding that Conway no longer wished to pursue them, and the court concluded that no issues were presented.
Topics
Practice areas
Questions Presented
- Whether the appeals should be addressed when appellant no longer desired to pursue them and no appellate briefs were filed.
- Whether the trial court's judgments should be affirmed in the absence of any appellate issues presented by briefs.
Holdings
- When appellant no longer desires to pursue the appeals and the appeals are submitted without briefs under Texas Rule of Appellate Procedure 38.8(b)(4), no issues are before the court for review.
Key quotations
“We adopted the trial court’s finding that appellant no longer desires to pursue the appeals and we ordered the appeals submitted without briefs.”
Factual background
Bruce Kevin Conway was convicted of possession with intent to deliver cocaine weighing four grams or more but less than 200 grams in one case, and possession with intent to deliver cocaine weighing one gram or more but less than four grams in the other. The trial court assessed ten years' imprisonment in the first case and ten years' imprisonment plus a $2,000 fine in the second case.
Procedural history
Conway was convicted in the 194th Judicial District Court of Dallas County of two cocaine-possession offenses. The trial court assessed ten years' imprisonment in each case, and also imposed a $2,000 fine in one case. The Court of Appeals adopted the trial court's finding that Conway no longer wished to pursue the appeals, ordered the appeals submitted without briefs under Texas Rule of Appellate Procedure 38.8(b)(4), and affirmed both judgments.