DANNY JOE MILLER, Appellant v. THE STATE OF TEXAS, Appellee

Affirmed and Opinion Filed September 28, 1989
 
 
S
In The
Court of Appeals
Fifth District of Texas at Dallas
............................
No. 05-89-00340-CR
............................
DANNY JOE MILLER, Appellant
V.
THE STATE OF TEXAS, Appellee
 
.................................................................
OPINION
.................................................................
 
Before Chief Justice Enoch and Justices Baker and Whittington
Opinion Per Curiam
 
        Danny Joe Miller appeals his conviction for involuntary manslaughter. Punishment was assessed at five years' confinement.
        No record has been filed in this Court. When no record was filed, we ordered that the trial court conduct a hearing to determine why the record had not been filed. At the hearing, appellant testified that he did not want to pursue the appeal; he told the court that he had filed a notice of appeal simply to delay the time at which he would have to go to jail (the record reflects that appellant has been free on bond since his conviction). The court made a finding that appellant did not want to pursue his appeal. Accordingly, this case is being submitted without a record or briefs.
        Since neither a record nor a brief has been filed, no contentions of error are properly before us for review. The judgment is affirmed.
 
 
                                                          PER CURIAM
 
Do Not Publish
Tex. R. App. P. 90
 
 
File Date[09-28-89]
File Name[890340F]