Affirmed and Memorandum Opinion filed May 26, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-00199-CR

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SAMUEL DEAN WOODROW, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 10th District Court

Galveston County, Texas

Trial Court Cause No. 04CR0702

M E M O R A N D U M   O P I N I O N

Appellant entered a plea of guilty to the offense of burglary of a habitation with intent to commit robbery.  A jury assessed punishment, and on December 8, 2004, the trial court sentenced appellant to confinement for five years in the Institutional Division of the Texas Department of Criminal Justice.  Appellant filed a timely written notice of appeal.

On April 28, 2005, this court ordered a hearing to determine why appellant's counsel had not filed a brief in this appeal.  On May 9, 2005, the trial court conducted the hearing, at which both appellant and his counsel, James DuCote, were present.  The record of the hearing was filed in this court on May 12, 2005.

Appellant stated on the record that he desired to abandon his appeal.  At the conclusion of the hearing, the trial court found appellant no longer desires to prosecute his appeal, he understands he has a right to appeal, and he waives any right of appeal.

On the basis of those findings, 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 Memorandum Opinion filed May 26, 2005.

Panel consists of Chief Justice Hedges and Justices Fowler and Frost.

Do Not Publish C Tex.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