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## (£aurt ofAppeals 

## Jtf tlf Btstrtrl ofQkxas ai Dallas JUDGMENT 

### STEVEN ERIC HOARD, Appellant No. 05-92-01926-CR V. THE STATE OF TEXAS, Appellee Appeal from the Criminal District Court No. 3 ofDallas County, Texas. (Tr.Ct.No. F91-68588-RJ). Opinion delivered per curiam before Justices Chapman, Morris, and Hankinson. Based on the Court's opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered February 14, 1997.

DEBORAH G. HANKINSON JUSTICE

### Affirmed and Opinion Filed February 14, 1997

In The 

## Court 0fAppeals Jiffy Btsirtrt 0fOkxas at lallas No. 05-92-01926-CR STEVEN ERIC HOARD, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 3 Dallas County, Texas Trial Court Cause No. F91-68588-RJ OPINION PER CURIAM 

### Before Justices Chapman, Morris, and HanMnson 

### Steven Eric Hoard appeals his conviction for burglary of avehicle. OnOctober 25, 

### 1991, appellant entered a plea bargain agreement. Pursuant to the agreement, appellant 

### pleaded guilty, and the trial court deferred adjudicating appellant's guilt, placed appellant on two years probation, and fined appellant $300. In June 1992, the Statedfiled a "Motion toProceedwith anAdjudication of.Guilt." OnJuly 8,1992, appellant entered anopen plea of true. The trial court sentenced appellant to ten years confinement.

## In appellant's September 25, 1996 "Second Amended Briefon Appeal," he argues in a single point oferror that he was denied acomplete statement offacts on appeal. At thetime appellantfiled his "SecondAmended BriefonAppeal," thestatement offacts from theJuly 8, 1992 hearing on the State'smotion to adjudicate guilt had beenfiled; however, 

### the statement offacts from the October 25, 1991 hearing on appellant's original plea had not. We conclude that appellantwas complaining about the absence of the statement of facts from the October 25, 1991 hearing. After appellant filed his brief, the statement of facts from the October 25, 1991 hearing was filed in this Court on December 4, 1996. In a December 10, 1996 order, we informed appellant that the statement of facts from the October 25, 1991 hearing on his original plea had been filed and that the record now appeared to be complete. We ordered appellant to file by January 9, 1997 an amended briefbased upon the complete record. We expressly warned appellant that no extensions would be granted absent extraordinary circumstances and informed him that if he did not file an amended briefwithin the allotted 

### time, the Court would submit his appeal on the basis of his September 25, 1996 brief. 

### Appellant did not file by January 9, 1997 an amended brief or a motion to extend time to file an amended brief. As of the date of this opinion, appellant still has not filed an amended brief or a motion to extend time to file an amended brief. 

### This cause istherefore submitted on the brief filedSeptember 25,1996. Because our 

### record contains what appears to be acomplete statement offacts, appellant's complainthas
no merit. We overrule his point of error.

-2-1 ft 

### We affirm the trial court's judgment. PER CURIAM Do Not Publish Tex. R. App. P. 90 921926F.U05