Gregory Lee McMickin was convicted of possession of a controlled substance and sentenced to five years of confinement in the Texas Department of Criminal Justice, Institutional Division. McMickin was represented by retained counsel at trial, but did not retain counsel on appeal.

McMickin filed notice of appeal, but did not seek indigent status and failed to make arrangements for preparation of a reporter's record. On August 30, 2001, we notified the parties that the appeal would be submitted on the clerk's record alone. Tex. R. App. P. 37.3(c). On December 10, 2001, we notified the parties that the brief of the appellant, due November 23, 2001, had not been filed. On January 24, 2002, we abated the appeal and remanded the cause to the trial court for a hearing to determine why the appellant's brief had not been filed. Tex. R. App. P. 38.8. The trial court found the appellant did not desire to continue the appeal. On February 21, 2002, we reinstated the appeal and ordered that the appeal be submitted without briefs. Tex. R. App. P. 38.8(b)(4); Tex. R. App. P. 39.9.

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

AFFIRMED.

PER CURIAM

Submitted on March 14, 2002

Opinion Delivered March 20, 2002

Do Not Publish

Before Walker, C.J., Burgess and Gaultney, JJ.