Affirm and Opinion Filed January /" , 2013

In The Qrourt of ~pea~ jfiftb mi!ttrict of ~exa!t at i)alla!t No. 05-12-01139-CR THOMAS VINCIENT BROWN AIKJA THOMAS VINCENT BROWN, Appellant v. THE STATE OF TEXAS, Appellee On Appeal from the County Court at Law Rockwall County, Texas Trial Court Cause No. CR09-1565 MEMORANDUM OPINION Before Chief Justice Wright and Justices Myers and Evans Opinion by Chief Justice Wright Thomas Vincent Brown was convicted of driving while intoxicated. Punishment was assessed at ninety days' confmement in jail, probated for two years, and a $750 fine. We adopted the trial court's fmding that appellant no longer desires to pursue the appeal and ordered the appeal submitted without briefs. See TEX. R. APP. P. 38.8(b)(4). Absent briefs, no issues are before us. Finding no fundamental error, we affirm the trial court's judgment.

Do Not Publish TEx. R. APP. P. 47 Qiourt of App cats lJiifth, 1llistrirl of Wcxas at mallas JUDGMENT Appeal from the County Court at Law of THOMAS VINCIENT BROWN AIK/A Rockwall County, Texas (Trial Court No. THOMAS VINCENT BROWN, CR09-1565).

Appellant Opinion delivered by Chief Justice Wright and Justices Myers and Evans participating.

No. 05-12-01139-CR V. THE STATE OF TEXAS, Appellee Based on the·Couifs opinion ofthis date~.we AFFIRM the trial court's judgment. · .... :

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Judgment entered January 1_6, 2013.