Condara, Theodore v. The State of Texas--Appeal from Co Crim Ct at Law No 3 of Harris County

Affirmed and Opinion filed October 17, 2002.

In The

Fourteenth Court of Appeals

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NO. 14-02-00270-CR

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THEODORE JOSEPH CONDARA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Criminal Court at Law No. 3

Harris County, Texas

Trial Court Cause No. 1063214

M E M O R A N D U M O P I N I O N

After a jury trial, appellant was convicted of the offense of driving under the influence. On February 1, 2002, the trial court sentenced appellant to 180 days= confinement in the Harris County Jail, suspended with the condition that appellant be placed on community supervision for fifteen months, and a $1,000.00 fine.

On August 8, 2002, this Court ordered a hearing to determine why appellant=s counsel had not filed a brief in this appeal. On September 23, 2002, the trial court conducted the hearing. The trial court=s finding and recommendations were filed in this Court on October 10, 2002.

The trial court found appellant is not indigent and no longer desires to prosecute his appeal.

On the basis of those findings, this Court has considered the appeal without briefs. See Tex. R. App. P. 38.8(b). We find no fundamental error.

Accordingly, the judgment of the trial court is affirmed.

PER CURIAM

Judgment rendered and Opinion filed October 17, 2002.

Panel consists of Justices Yates, Anderson, and Frost.

Do Not Publish - Tex. R. App. P. 47.3(b).