Opinion filed May 28, 2009

In The

Eleventh Court of Appeals ____________ No. 11-07-00366-CR __________ JOHN WILLIAM LAYTON, Appellant V. STATE OF TEXAS, Appellee

On Appeal from the 35th District Court Brown County, Texas Trial Court Cause No. CR19046

MEMORANDUM OPINION The jury convicted John William Layton of driving while intoxicated with a child as a passenger and assessed his punishment at confinement in a state jail facility for one year. We affirm.

After a hearing pursuant to TEX . R. APP . P. 38.8(b), the trial court found that appellant was not indigent and concluded that appellant had either failed to make the necessary arrangements for the filing of his brief or had abandoned his appeal. Therefore, pursuant to Rule 38.8(b)(4), we will consider this appeal on the record alone.

We have reviewed the record before us and note that it does not contain reversible error.

TEX . R. APP . P. 44.2(a). Therefore, the judgment of the trial court is affirmed.

PER CURIAM

May 28, 2009 Do not publish. See TEX . R. APP . P. 47.2(b).

Panel consists of: Wright, C.J., McCall, J., and Strange, J.