APPELLANT

APPELLEE

PER CURIAM

Appellant was adjudged guilty of driving while intoxicated after entering a plea of no contest. The punishment is incarceration for one year and a $1500 fine, probated.

Appellant was represented by retained counsel at trial and represents himself on appeal. The transcript contains no request of a free statement of facts or for the appointment of counsel on appeal. Neither a statement of facts nor a brief has been filed, and appellant has not responded to this Court's notices. Tex. R. App. P. 53(m), 74(l). We conclude that appellant does not wish to prosecute this appeal and has failed to make the necessary arrangements for filing a brief.

We have examined the transcript and find no error that should be considered in the interest of justice. The judgment of conviction is affirmed.

Before Justices Powers, Aboussie and B. A. Smith

Affirmed

Filed: October 26, 1994

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