Affirmed and Memorandum Opinion filed February 5, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-08-00677-CR

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RACHEL MARLENE CROW, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Criminal Court at Law No. 4

Harris County, Texas

Trial Court Cause No. 1502715

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 offense of driving while intoxicated and sentenced on July 8, 2008, to ninety days in the Harris County Jail.

On January 15, 2009, this court ordered a hearing to determine why appellant's counsel had not filed a brief in this appeal.  On January 21, 2009, the trial court conducted the hearing.  On January 27, 2009, the trial judge forwarded an original copy of the order he signed on January 21, 2009, finding that appellant appeared with counsel and stated it was her desire to abandon her appeal.  In addition to finding that appellant has abandoned her appeal without making the necessary arrangements for filing a brief, the trial court found appellant is not indigent.

On the basis of those findings, this court has considered the appeal without briefs.   See Tex. R. App. P. 38.8(b).  Based on the very limited record before us, we can 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Do Not Publish C Tex. R. App. P. 47.2(b).