EUGENE WAYNE JOHNSON, Appellant v. THE STATE OF TEXAS, Appellee

Affirmed and Opinion Filed December 30, 1996
 
 
S
In The
Court of Appeals
Fifth District of Texas at Dallas
............................
No. 05-91-01792-CR
............................
EUGENE WAYNE JOHNSON, Appellant
V.
THE STATE OF TEXAS, Appellee
..............................................................
On Appeal from the Criminal District Court No. 2
Dallas County, Texas
Trial Court Cause No. F91-63018-HI
..............................................................
OPINION PER CURIAM
Before Chief Justice Thomas and Justices Maloney and Hankinson
        Eugene Wayne Johnson appeals his conviction for sexual assault. Punishment was assessed at fifteen years in prison and a $2000 fine.
        On August 23, 1996 and October 9, 1996, we ordered the trial court to conduct a hearing to determine whether appellant desired to pursue his appeal, and if so, whether appellant is indigent and entitled to appointed counsel. The trial court held the hearing on November 4, 1996.
        On November 20, 1996, we received the statement of facts from the hearing. Fred Tinsely, an attorney who was appointed to represent appellant at the hearing, informed the trial court that appellant has been released on parole. Appellant was notified of the hearing by certified letter at his last known address. In the letter, appellant was advised that if he did not attend the hearing, the trial court could assume he abandoned the appeal. Nevertheless, appellant failed to appear at the hearing.
        Based on appellant's failure to appear, the trial court found appellant does not desire to pursue his appeal and does not desire to be represented by counsel. The trial court recommended the appeal be withdrawn.
        We adopt the trial court's determination that appellant does not want to pursue his appeal. Because no brief has been filed, no contentions of error are properly before us for review. FN:1 Our examination of the record does not disclose any fundamental error.
        We affirm the trial court's judgment.
 
                                                          PER CURIAM
 
Do Not Publish
Tex. R. App. P. 90
911792F.U05
 
FN:1 Appellant's retained counsel, Ross Teter, filed an Anders brief asserting the appeal was frivolous and without merit. See Anders v. California, 386 U.S. 738 (1967). This Court, however, struck the brief on July 30, 1996 because the procedural safeguards of Anders apply to counsel appointed to represent an indigent appellant, not to retained attorneys. See Jeffery v. State, 903 S.W.2d 776, 779 (Tex. App.--Dallas 1995, no pet.). On August 23, 1996, we granted Mr. Teter's motion to withdraw from this appeal.
 
File Date[12-27-96]
File Name[911792F]