Affirmed and Memorandum Opinion filed March 26, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-08-00994-CR

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JONATHAN MACIAS CASTILLO, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 263rd District Court

Harris County, Texas

Trial Court Cause No. 1140684

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 possession of between one and four grams of cocaine. On October 21, 2008, the trial court sentenced appellant to confinement for two years in the Institutional Division of the Texas Department of Criminal Justice.  Appellant gave a written notice of appeal the same date.

On February 12, 2009, this court ordered a hearing to determine why appellant=s counsel had not filed a brief in this appeal.  See Tex. R. App. P. 38.8(b).  A record of the hearing was filed in this court on February 23, 2009.  The trial court=s findings of fact and conclusions of law were filed in a supplemental clerk=s record on March 13, 2009.

The trial court found that appellant verbally informed his counsel that he no longer wished to pursue his appeal.  Counsel attempted to confirm appellant=s wishes in writing, but  appellant did not respond to his requests.  The trial court found appellant no longer desires to pursue his appeal.

On the basis of those findings, 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

Panel consists of Chief Justice Hedges and Justices Anderson and Seymore.

Do not publish C Tex.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