Noe Gutierrez, Jr. v. The State of Texas--Appeal from County Court at Law No. 2 of Travis County

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,
AT AUSTIN
NO. 3-91-406-CR
NOE GUTIERREZ, JR.,

APPELLANT

 
vs.
THE STATE OF TEXAS,

APPELLEE

 
FROM THE COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY
NO. 347,858, HONORABLE STEVE RUSSELL, JUDGE

PER CURIAM

This is an appeal from a judgment of conviction for driving while intoxicated, first offense. The punishment is incarceration for ninety days and a $1000 fine, probated.

This cause was remanded to the trial court for a hearing pursuant to Tex. R. App. P. Ann. 53(m) and 74(l) (Pamph. 1992). Appellant appeared at the hearing and, through his attorney, stated that he did not wish to prosecute the appeal.

We have examined the transcript and find no fundamental error or other matter that should be considered in the interest of justice.

The judgment of conviction is affirmed.

 

[Before Justices Powers, Jones and Kidd]

Affirmed

Filed: April 8, 1992

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