Affirmed and Memorandum Opinion filed July 2, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-09-00199-CR

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FELIPE LOYA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 351st District Court

Harris County, Texas

Trial Court Cause No. 909056

M E M O R A N D U M   O P I N I O N

Appellant was convicted of the offense of sexual assault on February 12, 2009, and was sentenced to confinement for eight years in the Institutional Division of the Texas Department of Criminal Justice.  Appellant filed a timely notice of appeal.

On May 28, 2009, the trial court conducted a hearing.  The record of the hearing was filed in this court on May 28, 2009.  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).

Accordingly, the judgment of the trial court is affirmed.

PER CURIAM

Panel consists of Justices Anderson, Guzman, and Boyce.

Do not publish - Tex. R. App. P. 47.2(b).