APPELLANT

APPELLEE

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

[Do Not Publish]