Affirmed and Memorandum Opinion filed February 26, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-02-01169-CR

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PATRICK VARNESS TILLMAN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 209th District Court

Harris County, Texas

Trial Court Cause No. 787,363

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 aggravated robbery.  On October 14, 2002, he was sentenced to confinement for ten years in the Institutional Division of the Texas Department of Criminal Justice.

On May 15, 2003, this court ordered a hearing to determine why appellant=s counsel had not filed a brief in this appeal.  On June 5, 2003, the trial court conducted the hearing, and a record of the hearing was filed in this court on June 9, 2003.

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).  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 Memorandum Opinion filed February 26, 2004.

Panel consists of Justices Fowler, Edelman, and Seymore.

Do Not Publish C Tex. R. App. P. 47.2(b).