Affirmed and Memorandum Opinion filed April 20, 2006.

In The

Fourteenth Court of Appeals

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NO. 14-04-00614-CR

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DAVID WAYNE SUTTON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Criminal Court of Law No. 4

Harris County, Texas

Trial Court Cause No. 1224672

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 possession of a controlled substance, and was sentenced on June 11, 2004, to 45 days in the Harris County Jail.

On March 16, 2006, this court ordered a hearing to determine why appellant's counsel had not filed a brief in this appeal.  On April 5, 2006, the trial court conducted the hearing.  The record of the hearing was filed in this court on April 7, 2006.

The trial court found appellant no longer desires to prosecute his appeal.

On the basis of  this 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 April 20, 20052006.

Panel consists of Justices Anderson, Edelman, and Frost.

Do Not Publish C Tex.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