Hooper v. State

OPINION

DALLY, Commissioner.

Appellant was convicted by a jury for resisting arrest, a violation of V.T.C.A. Penal Code, Sec. 38.03. The jury assessed punishment of 90 days in jail.

The record is before us without a transcription of the court reporter’s notes. Although a docket entry in the record reflects that appellant is represented by retained counsel on appeal, no brief was filed in appellant’s behalf pursuant to Art. 40.09(9), V.A.C.C.P. There is no claim of indigency. Nevertheless, we find in the record unassigned error which should be reviewed in the interest of justice under Art.…