CARRA CUNNINGHAM TUBB,

APPELLANT

V.

THE STATE OF TEXAS,

APPELLEE

A jury found Appellant Carra Cunningham Tubb ("Appellant") guilty of driving while intoxicated. Appellant elected to have her punishment assessed by the trial court and was sentenced to thirty days in jail, probated, and assessed a fine of eighteen hundred dollars. We affirm.

Appellant timely perfected her appeal and was represented by retained counsel. However, she did not file a brief. We are not authorized to dismiss the appeal of a criminal conviction or sentence unless (1) the appellant moves to voluntarily withdraw or dismiss the appeal, or (2) the appellant has escaped from custody. See Tex. R. App. P. 42.2; 42.4. Neither exception applies in this case. However, where, as here, the appellant is not indigent but has failed to file a brief, the appellate court may consider the appeal on the record alone. See Tex. R. App. P. 38.8(b)(4). On May 2, 2003, we notified Appellant that her appeal would be considered without benefit of the reporter's record or briefing. Appellant did not respond.

We have reviewed the record in this appeal for fundamental error and found none. Accordingly, the judgment of the trial court is affirmed.

JAMES T. WORTHEN

Chief Justice

Opinion delivered May 21, 2003.

Panel consisted of Worthen, C.J. and Griffith, J.