Affirmed and Opinion filed June 10, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-03-01274-CR

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CHARLES LEE MERCER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 232nd District Court

Harris County, Texas

Trial Court Cause No. 954,969

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 offense of delivery of a controlled substance, and sentenced on November 12, 2003, to 18 months= incarceration in the State Jail Division of the Texas Department of Criminal Justice..

Appellant was represented by appointed counsel, Marc Carter.  On April 8, 2004, this court ordered a hearing to determine why appellant had not filed a brief in this appeal.  On May 7, 2004, the trial court conducted the hearing.  The record of the hearing was filed in this court on May 24, 2004.  At the time of this hearing, appellant was no longer represented by counsel.  Accordingly, the trial court appointed new counsel, Kim Parks.  On May 10, 2004, another hearing was held.  At this hearing, appellant stated on the record that he did not wish to pursue his appeal.  Based on this statement, the trial court found that appellant wishes to withdraw his notice of appeal.

On the basis of this 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 June 10, 2003.

Panel consists of Justices Fowler, Edelman, and Seymore.

Do not publish - Tex. R. App. P. 47.2(b).