Affirmed and Opinion filed March 26, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-08-00950-CR

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ELBERT HARRY HOLT, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 183rd District Court

Harris County, Texas

Trial Court Cause No. 1156243

M E M O R A N D U M   O P I N I O N

After a guilty plea, appellant was convicted of the offense of driving while intoxicatedBthird offense. On September 23, 2008, the trial court sentenced appellant to confinement for three years in the Institutional Division of the Texas Department of Criminal Justice.

On March 5, 2009, this court ordered a hearing to determine why appellant=s counsel had not filed a brief in this appeal.  On March 12, 2009, the trial court conducted the hearing.  The record of the hearing was filed in this court on March 13, 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).  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

Panel consists of Justices Yates, Guzman, and Sullivan.

Do not publish - Tex.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