Affirmed and Memorandum Opinion filed April 24, 2008.

In The

Fourteenth Court of Appeals

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NO. 14-08-00029-CR

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JOHN ALFRED JOHNSON, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 176th District Court

Harris County, Texas

Trial Court Cause No. 1073526

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 theft, and was sentenced on January 9, 2008, to imprisonment for two years in the Institutional Division of the Texas Department of Criminal Justice.

On January 16, 2008, the trial court conducted a hearing.  The record of the hearing was filed in this court on April 7, 2008.

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 April 24, 2008.

Panel consists of Justices Yates, Anderson, and Brown.

Do Not Publish C Tex.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