Affirmed and Opinion filed December 31, 2002.

In The

Fourteenth Court of Appeals

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NO. 14-02-00735-CR

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MAURIO LESTER BURNS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Criminal Court at Law No. 13

Harris County, Texas

Trial Court Cause No. 1122606

M E M O R A N D U M   O P I N I O N

After a guilty plea, appellant was convicted of the misdemeanor offense of theft, and sentenced to fifteen days in the Harris County Jail on June 28, 2002.

On November 21, 2002, this court ordered a hearing to determine why appellant=s counsel had not filed a brief in this appeal.  On December 13, 2002, the trial court conducted the hearing.  The record of the hearing was filed in this court on December 16, 2002.

The trial court found appellant no longer desires to prosecute his appeal.  On the basis of that finding, this court has considered the appeal without briefs.   See Tex. R. App. P. 38.8(b).  We find no fundamental error.

Accordingly, the judgment of the trial court is affirmed.

PER CURIAM

Judgment rendered and Opinion filed December 31, 2002.

Panel consists of Justices Yates, Anderson, and Frost.

Do not publish - Tex. R. App. P. 47.3(b).