Affirmed and Memorandum Opinion filed January 27, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-04-00900-CR

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JAMES ALEX RIVERA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 228th District Court

Harris County, Texas

Trial Court Cause No. 978,367

M E M O R A N D U M   O P I N I O N

After a guilty plea, appellant was convicted of the offense of driving while intoxicated and sentenced to three years= imprisonment on September 9, 2004.

On January 6, 2005, this court ordered a hearing to determine why the reporter=s record had not been filed, whether appellant was indigent, or whether he had abandoned his appeal.  On January 12, 2005, the trial court conducted the hearing.  The record of the hearing was filed in this court on January 19, 2005.

In hearing, the appellant informed the trial court that he no longer wished to pursue the appeal.  Appellant was represented by counsel and states that he made the decision not to pursue the appeal voluntarily and without coercion.  The trial court found appellant no longer desires to prosecute his appeal.

On the basis of those findings, 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 January 27, 2005.

Panel consists of Justices Yates, Edelman, and Guzman.

Do Not Publish C Tex.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