Affirmed and Opinion filed July 11, 2002.

In The

Fourteenth Court of Appeals

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NO. 14-01-01191-CR

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RODOLPH C. YANNARELLA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Criminal Court at Law No. 3

Harris County, Texas

Trial Court Cause No. 1075664

M E M O R A N D U M  O P I N I O N

After a jury trial, appellant was convicted of the misdemeanor offense of theft, and sentenced to 30 days in the Harris County Jail and a $1,000.00 fine on November 7, 2001.

On May 30, 2002, this court ordered a hearing to determine why appellant had not filed a brief in this appeal.  On June 18, 2002, the trial court conducted the hearing.  The trial courts findings and recommendations were filed in this court on July 2, 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 July 11, 2002.

Panel consists of Justices Hudson, Fowler, and Edelman.

Do not publish - Tex.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