APPELLANT

APPELLEE

PER CURIAM

A jury found appellant guilty of possessing less than twenty-eight grams of cocaine. Texas Controlled Substances Act, Tex. Health & Safety Code Ann. § 481.115 (West 1992). The district court assessed punishment at imprisonment for ten years, but suspended imposition of sentence and placed appellant on probation.

Neither a statement of facts nor a brief on appellant's behalf has been filed in this cause. Appellant was represented by retained counsel at trial. Appellant did not request a free statement of facts. See Tex. R. App. P. 53(j)(2). Following a hearing ordered by this Court, the district court found that appellant is not indigent. See Tex. R. App. P. 74(l). This finding is supported by the record from the hearing. That record also indicates that appellant has failed to retain counsel for this appeal. Under the circumstances, this Court will consider the appeal on the present record and without briefs.

We have examined the record and find no error that should be considered in the interest of justice.

The judgment of conviction is affirmed.

Before Justices Powers, Jones and Kidd

Affirmed

Filed: October 6, 1993

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