NETAR HANDY PENSON,

APPELLANT

V.

THE STATE OF TEXAS,

APPELLEE

Netar Handy Penson ("Appellant") was charged with driving while intoxicated. A jury found Appellant guilty as charged. The trial court placed her on probation. She filed a pro se notice of appeal and advised the court that she was indigent. After a hearing, the trial court found that Appellant did not qualify for court-appointed counsel. Although she timely perfected this appeal, Appellant did not file a reporter's record or a brief.

Accordingly on February 9, 2001, we notified Appellant of the time period she had to retain counsel and file the reporter's record. Appellant did not respond to our notice nor did she file a pro se brief. Therefore, on August 30, 2001, we ordered that this appeal would be submitted on the clerk's record alone and without briefs. See Tex. R. App. P. 38.8 (b)(4).

We have conducted a diligent review of the record of the record and conclude that the trial court committed no fundamental error. See Meza v. State, 742 S.W.2d 708, 708-09 (Tex. App.-Corpus Christi 1987, no pet.).

The judgment of the trial court is affirmed.

Opinion delivered December 21, 2001.

Panel consisted of Davis, C.J., Worthen, J., and Griffith, J.