Affirmed and Opinion filed June 6, 2002.

In The

Fourteenth Court of Appeals

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NO. 14-01-00938-CR

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KEVIN DION NICKELBERRY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 351st District Court

Harris County, Texas

Trial Court Cause No. 868,388

M E M O R A N D U M  O P I N I O N

After a guilty plea, the trial court entered an order granting deferred adjudication on August 3, 2001, placing appellant on four years= community supervision and assessing a fine of $500.  Appellant filed a notice of appeal on August 22, 2001, complaining only of the denial of the motion to suppress.

On December 20, 2001, this court ordered a hearing to determine why appellant had not made arrangements to file a reporter=s record.  This court=s records did not show appellant was represented by counsel.  On May 31, 2002, the trial court conducted the hearing.  Appellant was represented by counsel at the hearing.  The record of the hearing was filed in this court on June 3, 2002.

The trial court found appellant no longer desires to prosecute his appeal.

On the basis of those findings, this court has considered the appeal without briefs.   See Tex. R. App. P. 38.8(b).  The case is before us without a reporter=s record or bill of exception.  We find no fundamental error.

Accordingly, the judgment of the trial court is affirmed.

PER CURIAM

Judgment rendered and Opinion filed June 6, 2002.

Panel consists of Justices Yates, Seymore, and Guzman.

Do not publish - Tex.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