PER CURIAM

A jury found appellant guilty of driving while intoxicated. The jury assessed punishment at incarceration for 730 days, probated. Act of May 27, 1983, 68th Leg. R.S., ch. 303, § 3, 1983 Tex. Gen. Laws 1568, 1574 (Tex. Rev. Civ. Stat. Ann. art. 6701l-1(b), (c), since amended and codified at Tex. Penal Code Ann. §§ 49.04).

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. Although appellant requested and was granted additional time to file both the statement of facts and his brief, neither a statement of facts nor a brief has been filed. Appellant has not responded to this Court's most recent notice that his brief is overdue. Tex. R. App. P. 74(l). We conclude that appellant no longer wishes to prosecute this appeal and has failed to make the necessary arrangements for filing a brief.

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

Before Chief Justice Carroll, Justices Aboussie and Jones

Affirmed

Filed: July 19, 1995

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