FRED DOUGLAS SUTHERLAND                                                 APPELLANT

THE STATE OF TEXAS                                                             APPELLEE

On December 13, 2002, we notified appellant that his brief had not been filed as required by TEX. R. APP. P. 38.6(a). We stated we would dismiss the appeal for want of prosecution unless appellant or any party desiring to continue this appeal filed with the court within ten days a response showing grounds for continuing the appeal. We have not received any response.

Because appellant's brief has not been filed, we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a), 42.3(b).

                                                                                        PER CURIAM

PANEL D: CAYCE, C.J.; DAY and LIVINGSTON, JJ.

[DELIVERED JANUARY 30, 2003]

1. See Tex. R. App. P. 47.4.