Jason Johnson filed notice of appeal but failed to file a brief. On November 21, 2008, we notified the parties that the brief had not been filed and warned that failure to file a brief could result in a dismissal of the appeal for want of prosecution. On January 22, 2009, we notified the parties that the appeal would be submitted to the Court without oral argument. See Tex. R. App. P. 39.8. In the absence of a brief assigning error, we dismiss the appeal for want of prosecution. Tex. R. App. P. 38.8(a)(1); Tex. R. App. P. 42.3(b).

APPEAL DISMISSED.

____________________________

Justice

Submitted on February 12, 2009

Opinion Delivered February 26, 2009

Before McKeithen, C.J., Gaultney and Horton, JJ.