Opinion
Nos. 05-03-01464-CR, 05-03-01466-CR
Opinion Filed July 22, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 380th Judicial District Court, Collin County, Texas, Trial Court Cause Nos. 380-80895-02, 380-81516-02. Affirmed.
Before Chief Justice THOMAS and Justices MORRIS and WHITTINGTON.
MEMORANDUM OPINION
Jodi Dawn Manering appeals three convictions: theft of property; theft of service by check; and false statement to obtain property or credit. Appellant contends she did not receive credit for time she had served. The facts of this case are well-known to the parties; thus, we do not recite them here in detail. Because all dispositive issues are clearly settled in the law, we issue this memorandum opinion. See Tex.R.App.P. 47.4. We affirm the trial court's judgments. In November 2002, the trial court found appellant guilty of theft of service by check for a value of at least $1,500 but less than $20,000 in cause number 380-80895-02 (appeal number 05-03-01464-CR) and guilty of two counts-theft of property valued at least $1,500 but less than $20,000 and false statement to obtain property or credit-in cause number 380-81516-02 (appeal number 05-03-01466-CR). The court placed appellant on community supervision for five years for each conviction. In April 2003, the State moved to revoke appellant's community supervision, and appellant pleaded true. On September 2, 2003, the court revoked appellant's community supervision and sentenced appellant to state jail confinement for two years for each conviction. Appellant contends the trial court erred by refusing her credit for time served while awaiting her revocation hearing. She has, however, waived any alleged error. Rule 38 of the rules of appellate procedure provides that a brief to the court of appeals shall contain, among other things, "a clear and concise argument for the contentions made, with appropriate citations to authorities and the record." Tex.R.App.P. 38.1(h); see Green v. State, 682 S.W.2d 271, 292 (Tex.Crim.App. 1984). The failure to adequately brief an issue by failing to provide authorities and record citations waives any error on appeal. See Green, 682 S.W.2d at 292; Cook v. State, 611 S.W.2d 83, 87 (Tex.Crim.App. [Panel Op.] 1981) (providing the court was not "expected to leaf through a voluminous record hoping to find the matter raised by appellant). Without differentiating among the three clerk's records filed in her appeals, appellant makes three citations to the "clerk's record"-once to page 26 and twice to page 42. We have reviewed pages 26 and 42 in each of the clerk's record filed and find nothing on those pages to support appellant's assertions that she was jailed for six months or, as she states, "It is undisputed that the appellant was sentenced to two years in each case without any credit for back time"; and "It is undisputed that the defendant did not receive credit for her prerevocation confinement nor her original confinement." Without appropriate citations to the record, appellant waives any alleged error. See Tex.R.App.P. 38.1(h); Cook, 611 S.W.2d at 87. Notwithstanding waiver, however, we find no error. The judgments for both 05-03-01464-CR and 05-03-01466-CR reflect time credited to appellant's sentences. In 05-03-01464-CR, appellant received credit for confinement July 9, 2002-July 9, 2002 and for May 3, 2003-September 2, 2003. In 05-03-01466-CR, appellant was convicted under two counts and received credit for both counts for confinement October 2, 2002-October 2, 2002 and for May 3, 2003-September 2, 2003. We find no indication in the record before us appellant was denied credit for the time she served as reflected on the judgments. We resolve appellant's issue regarding the state jail offenses against her. We affirm the trial court's judgments.
Appellant originally appealed four convictions, including a conviction for assault on a public servant-cause number 380-81344-02 (appeal number 05-03-01465-CR). Appellant moved to withdraw that appeal, and we granted her motion May 25, 2004. Although appellant originally raised two issues in her brief, one issue applied only to 05-03-01465-CR. Accordingly, only one issue remains before the Court.