TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-00-00325-CR

Roy Edward Caples, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF COMAL COUNTY, 22ND JUDICIAL DISTRICT NO. CR95-207, HONORABLE FRED CLARK, JUDGE PRESIDING

Appellant Roy Edward Caples was adjudged guilty after he pleaded guilty to driving while intoxicated, felony offense. See Tex. Penal Code Ann. §§ 49. 04(a), .09(b) (West Supp. 2001). The court assessed punishment at imprisonment for three years, as called for in a plea bargain agreement.

Appellant represents himself on appeal, as he did at trial. Appellant did not file a brief. We have examined the record before us and find no fundamental error that should be considered in the interest of justice.

The judgment of conviction is affirmed.

__________________________________________ Jan P. Patterson Before Chief Justice Aboussie, Justices Yeakel and Patterson Affirmed Filed: March 15, 2001 Do Not Publish