Affirmed and Memorandum Opinion filed January 11, 2007.

In The

Fourteenth Court of Appeals

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NO. 14-02-00863-CR

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TREMASTRO HOOPER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 9th District Court

Waller County, Texas

Trial Court Cause No. 98-06-9387

M E M O R A N D U M   O P I N I O N

Appellant was convicted of the offense of delivery of a controlled substance, and sentenced on February 15, 2002, to five years= incarceration in the Institutional Division of the Texas Department of Criminal Justice.

On November 2, 2006, this court ordered a hearing to determine why appellant's appointed counsel had not filed a brief in this appeal.  On November 28, 2006, the trial court conducted the hearing.  The record of the hearing was filed in this court on December 7, 2006.  On December 13, 2006, a supplemental clerk=s record was filed, which contained the trial judge=s findings of fact and conclusions of law. 

The trial court found appellant no longer desires to prosecute his 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 Memorandum Opinion filed January 11, 2007.

Panel consists of Justices Yates, Anderson, and Hudson.

Do Not Publish C Tex.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